Modes of Liability in International Criminal Law

Jérôme de Hemptinne is a lecturer in international humanitarian law at the Université catholique de Louvain, Université de Strasbourg and the Université de 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 of International Humanitarian Law and Human Rights 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 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 of 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 Universiteit Leiden and Universiteit Utrecht. van Sliedregt 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).

Part I. Cross-Cutting Issues: Part II. Analysis of the Modes of Liability: Section 1. Individual Commission: 1. Direct commission Tom Gal; 2. Indirect commission Alejandro Kiss; 3. Improper omission Robert Roth; Section 2. Joint Commission: 4. Co-perpetration based on joined control over the crimes Elies van Sliedregt and Lachezar Yanev; 5. Joint criminal enterprise Lachezar Yanev; Section 3. Participation: 6. Aiding and abetting Manuel J. Ventura; 7. Instigation Antonio Coco; 8. Ordering Manuel J. Ventura; Section 4. Participation in Group Activities: 9. Group acting with a common purpose Marjolein Cupido; Section 5. Inchoate and Preparatory Acts: 10. Attempt Jérôme de Hemptinne; 11. Planning Jérôme de Hemptinne; 12. Conspiracy Jérôme de Hemptinne; 13. Incitement Jérôme de Hemptinne; Section 6. Other Forms of Responsibility: 14. Command responsibility Miles Jackson; Part III. Concluding Observations Jérôme de Hemptinne, Robert Roth and Elies van Sliedregt.