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Part III Important Themes in Armed Conflicts in 2013, 13 Farewell ‘specific direction’: aiding and abetting war crimes and crimes against humanity in Perišić, Taylor, Šainović et al., and US Alien Tort Statute jurisprudence

Manuel J. Ventura

From: The War Report: Armed Conflict in 2013

Edited By: Stuart Casey-Maslen

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 05 October 2023

Armed conflict
It is not an overstatement to posit that international criminal law (ICL) has never seen anything quite like what has been dubbed the ‘specific direction saga’. The drama began when the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) in the Perišić1 case acquitted the accused of crimes against humanity and war crimes on the basis that the actus reus of aiding and abetting required not only that he substantially contributed to the commission of crimes (by providing practical assistance, encouragement, or moral support), but...
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