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Part IV The ICC and its Applicable Law, 23 Forms of Accessorial Liability under Article 25(3)(b) and (c)

Héctor Olásolo, Enrique Carnero Rojo

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: 29 January 2023

Modes of liability — Elements of crimes — Crimes against humanity

While Article 25(3)(a) of the ICC Statute assigns principal liability to persons perpetrating a crime, Article 25(3)(b)-(d) ascribes accessorial liability to those participating in the commission of a crime by third persons. Elements of the modes of liability envisaged in paragraphs (b) and (c) of Article 25(3) were proposed but eventually not included in the Elements of Crimes. This chapter discusses ICC approaches towards ordering, instigating, planning, and aiding and abetting, including the contribution and mental element required. It contrasts ICC jurisprudence with approaches of other ICCs and tribunals, including the controversy over the specific direction test in the context of aiding and abetting in the Perisić and Šainović cases at the ICTY and the Taylor case at the SCSL.

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