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2 - Direct Commission

from Part I - Individual Commission

Published online by Cambridge University Press:  01 July 2019

Jérôme de Hemptinne
Affiliation:
Geneva Academy of International Humanitarian Law and Human Rights
Robert Roth
Affiliation:
Geneva Academy of International Humanitarian Law and Human Rights
Elies van Sliedregt
Affiliation:
University of Leeds
Marjolein Cupido
Affiliation:
Vrije Universiteit, Amsterdam
Manuel J. Ventura
Affiliation:
Western Sydney University
Lachezar Yanev
Affiliation:
Universiteit van Tilburg, The Netherlands
Tom Gal
Affiliation:
Geneva Academy of International Humanitarian Law and Human Rights
Thomas Van Poecke
Affiliation:
KU Leuven, Belgium
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Summary

Commission is a well-established form of liability in ICL.In the Tadić Appeal Judgment,the ICTY confirmed that commissionis first and foremost ‘the physical perpetration … by the offender himself’.Additionally, multiple other forms of commission exist, some of which do not necessarily require that a perpetrator commit a physical offence directly.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2019

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References

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Ambos, K., Treatise on International Criminal Law – Volume 1: Foundations and General Part (Oxford: Oxford University Press, 2013).Google Scholar
Eser, A., ‘Individual Criminal Responsibility’, in Cassese, A., Gaeta, P. and Jones, J.R.W.D., The Rome Statute of the International Criminal Court: A Commentary (Oxford: Oxford University Press, 2002), Vol. I, 767.Google Scholar
Giustiniani, F.S., ‘Stretching the Boundaries of Commission Liability: The ICTR Appeals Judgment in Seromba’, 6 Journal of International Criminal Justice (2009), 783.CrossRefGoogle Scholar
Jain, N., Perpetrators and Accessories in International Criminal Law: Individual Modes of Responsibility for Collective Crimes (Oxford: Hart, 2014).Google Scholar
Schabas, W., The International Criminal Court: A Commentary on the Rome Statute (Oxford: Oxford University Press, 2010).Google Scholar
van Sliedregt, E., Individual Criminal Responsibility in International Law (Oxford: Oxford University Press, 2012).Google Scholar
Werle, G., ‘Individual Criminal Responsibility in Article 25 ICC Statute’, 5 Journal of International Criminal Justice (2007), 953.CrossRefGoogle Scholar

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