Complicity in international criminal law
Florence : European University Institute, 2014, EUI, LAW, PhD Thesis
AKSENOVA, Marina, Complicity in international criminal law, Florence : European University Institute, 2014, EUI, LAW, PhD Thesis - https://hdl.handle.net/1814/32092
Retrieved from Cadmus, EUI Research Repository
Complicity is a criminal law doctrine that attributes responsibility to those who do not physically perpetrate the crime. It is an essential mode of liability for core international crimes because it reaches out to senior political and military leadership. These persons do not usually engage in direct offending, yet in the context of mass atrocities they are often more culpable than foot soldiers. The Statutes of the ad hoc tribunals, hybrid courts and the International Criminal Court expressly provide for different forms of complicity, and domestic legal systems recognize it in one form or another. This is in contrast with alternative modes of liability implied from the Statutes to address the situations with multiple accused removed from the scene of the crime / (in)direct co-perpetration, extended perpetration and the joint criminal enterprise.
Defence date: 9 June 2014; Examining Board: Professor Martin Scheinin, EUI (Supervisor) Professor Nehal Bhuta, EUI Professor William Schabas, Middlesex University, London Judge Christine Baroness Van den Wyngaert, International Criminal Court.; This PhD thesis was awarded the Cappelletti Prize.
Cadmus permanent link: https://hdl.handle.net/1814/32092
Full-text via DOI: 10.2870/519308
Series/Number: EUI; LAW; PhD Thesis
Publisher: European University Institute
LC Subject Heading: International criminal law; Criminal liability (International law)
Published version: http://hdl.handle.net/1814/44564