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Part IV The ICC and its Applicable Law, 20 Perpetration and Participation in Article 25(3)

Elies van Sliedregt

From: The Law and Practice of the International Criminal Court

Edited By: Carsten Stahn

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 24 March 2023

International crimes

This chapter provides an overview of the theorization of modes of liability in the context of contemporary ICC jurisprudence and scholarship. It examines the structure of Article 25, its doctrinal specificities, and its possible interpretation in light of ICC jurisprudence from the Lubanga, Katanga, and Bemba cases. It places particular emphasis on the relevance of the distinction between principal and accessorial liability and the question of whether the differentiated approach reflected in Article 25 encompasses a hierarchization of modes of liability. To give Article 25 more context and to place it in a history of liability theories attuned to system criminality, the chapter takes into account post-Second World War case-law and Tribunal law on criminal responsibility.

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