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Modes of Liability in International Criminal Law
Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The
present book aims at clarifying the state of the law and provides a thorough analysis of the
jurisprudence of international courts and tribunals, as well of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze in discrete chapters the modes of liability one by one; for each mode, they identify the main trends in the jurisprudence and the main points of controversy. An
introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Jérôme de Hemptinne is a lecturer in international humanitarian law at the Universities of Louvain, Strasbourg and Lille. His research focuses on modes of liability for international crimes, the qualification of armed conflicts and
institutional aspects of international criminal courts and tribunals. He has worked at the Special Tribunal for Lebanon as a senior legal officer, the Office of Legal Counsel of the UN in New York and the International Criminal Tribunal for the former Yugoslavia, where he notably acted as Chef de Cabinet for the President.
Robert Roth has been Director of the Geneva Academy since 2014 and
Professor of International Criminal Law at the University of Geneva since 1987.
He is a leading expert on international criminal justice and international criminal law, as well as human rights, and has published extensively on these
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issues. In 2011, he was appointed a Judge of the Special Tribunal for Lebanon, where he chaired the Trial Chamber for two years before leaving the Tribunal in September 2013. He has been Editor of the Swiss Criminal Law Review for fifteen years and is a member of the International Scientific Committee for the Revue de science criminelle et de droit pénal comparé (Paris) and the Steering Committee of the Academic Network of European Criminal Law (Brussels).
Elies van Sliedregt is Professor of International and Comparative Criminal Law at the University of Leeds. She was professor of Criminal Law at Vrije
Universiteit Amsterdam and Dean of the Faculty from 2011–2015, and previously taught at Leiden University and Utrecht University. Elies is senior editor of the Leiden Journal of International Law and a member of the editorial board of the Journal of Conflict and Security Law. She is also an author-
contributor of the Oxford Bibliographies in International Law (on joint enterprise liability and conspiracy).
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title-page
Modes of Liability in
International Criminal Law
General Editors
Jérôme de Hemptinne Robert Roth Elies van Sliedregt
Editors
Marjolein Cupido Manuel J. Ventura
Lachezar Yanev Assisted by
Tom Gal
Dillon Roseen
Thomas Van Poecke
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Information on this title: www.cambridge.org/9781108492171 DOI: 10.1017/9781108678957
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table-of-contents
Contents
Biographies Abbreviations Acknowledgements
Chapter 1 Cross-Cutting Issues
Jérôme de Hemptinne, Robert Roth, Elies van Sliedregt
Part I Individual Commission
Chapter 2 Direct Commission Tom Gal
Chapter 3 Indirect Commission Alejandro Kiss
Chapter 4 Improper Omission Robert Roth
Part II. Joint Commission
Chapter 5 Co-perpetration Based on Joined Control over the Crimes Elies van Sliedregt and Lachezar Yanev
Chapter 6 Joint Criminal Enterprise Lachezar Yanev
Part III Participation
Chapter 7 Aiding and Abetting Manuel J. Ventura
Chapter 8 Instigation Antonio Coco
Chapter 9 Ordering Manuel J. Ventura
Part IV Participation in Group Activities
Chapter 10 – Group Acting with a Common Purpose Marjolein Cupido
Part V Inchoate and Preparatory Acts
Chapter 11 Attempt Jérôme de Hemptinne Chapter 12 Planning Jérôme de Hemptinne Chapter 13 Conspiracy Jérôme de Hemptinne Chapter 14 Incitement Jérôme de Hemptinne
Part VI Other Form of Responsibility
Chapter 15 – Command Responsibility Miles Jackson
Part VI Concluding Observations
Chapter 16 Contemporary Issues
Jérôme de Hemptinne, Robert Roth and Elies van Sliedregt
