The Criminal Responsibility of Senior Political and Military Leaders as Principals to International Crimes (Studies in International and Comparative Criminal Law)

As shown by the recent trials of Slobodan Milosevic, Charles Taylor, and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on developing the concepts of joint criminal enterprise (also known as the common purpose doctrine) and the control of the crime, which aim at better reflecting the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court, the case law of the International Criminal Tribunal of the former Yuglosavia, and the case law of the International Criminal Tribunal for Rwanda have, in recent years, played a unique role in the achievement of this goal. The book is a comprehensive study of the modes of responsibility and liability in international criminal law. It fills a gap in the literature, as few books detail the drafting of indictments. It covers both substantive and procedural law and will be useful for both academics and practitioners. This is a comprehensive study of the modes of responsibility and liability in international criminal law. It fills a gap in the literature as few books detail the drafting of indictments. It covers both substantive and procedural law and will be useful for both academics and practitioners. As shown by the recent trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development the concepts of joint criminal enterprise (also known as the common purpose doctrine) and control of the crime, which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal As shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal. First Approach To The Criminal Liability Of Political And Military Leaders For International Crimes -- Perpetration Of A Crime And Participation In A Crime Committed By A Third Person : Principal Versus Accessorial Liability -- Direct Perpetration And Indirect Perpetration -- Co-perpetration Based On Joint Criminal Enterprise -- Co-perpetration Based On Joint Control Of The Crime. Héctor Olásolo ; With A Foreword By Adrian Fulford, An Introduction By Ekaterina Trendafilova And An Epilogue By Kai Ambos. Includes Bibliographical References (p. 337-345) And Index. In recent years international law has moved to find ways to better reflect the central role played by senior political and military figures in large-scale and systemic crimes. This is a study of the modes of responsibility and liability in international criminal law, and covers both substantive and procedural law.--Résumé de l'éditeur