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International Criminal Law

International Criminal Law (1st edn)

Douglas Guilfoyle
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date: 20 August 2022

p. 31512. Modes of participation in crimes and concurrence of crimeslocked

p. 31512. Modes of participation in crimes and concurrence of crimeslocked

  • Douglas GuilfoyleDouglas GuilfoyleAssociate Professor of Law, Monash University

Abstract

This chapter examines the commission of crimes. It distinguishes between principals and accessories. It considers a range of ways of being involved in crimes, called ‘modes of participation in crimes’, such as aiding and abetting, ordering or inciting crimes, or being responsible for crimes as a superior. Further, two special doctrines of ‘commission’ have grown up before international tribunals to describe the involvement of leaders as principals in international crimes. These are called joint criminal enterprise and co-perpetration, respectively. Finally, the chapter considers what happens when the one set of facts might satisfy the elements of several different international crimes, giving rise to issues of concurrence of crimes.

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