Part IV The ICC and its Applicable Law, 24 The ICC and Common Purpose—What Contribution is Required under Article 25(3)(d)?
Edited By: Carsten Stahn
- International criminal law
This chapter discusses the nature and elements of common purpose liability under Article 25(3)(d) of the ICC Statute. It argues that Article 25(3)(d) represents a compromise that tries to combine opposition of state delegations to any form of anticipated (e.g. conspiracy) or organizational/collective liability (e.g. membership liability) with the need to have a form of individual participation in collective criminal enterprises, which is in line with the principles of legality and culpability. It distinguishes Article 25(3)(d) from the concept of joint criminal enterprise applied at other ICCs and tribunals (e.g. ICTY, ICTR, and SCSL), and argues that it is necessary to develop normative criteria for neutral acts of assistance under Article 25(3)(d).