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8 - Instigation

from Part III - Participation

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

According to the Oxford English Dictionary, the verb ‘to instigate’ means ‘[t]o spur, urge on; to stir up, stimulate, incite, goad (now mostly to do something evil)’ or ‘[t]o bring about by incitement or persuasion; to stir up, foment, provoke’. It appears then that, in common language, instigation carries the negative connotation of influencing somebody to do something bad or inadvisable. And indeed, similarly, the concept of instigation has been applied in the prosecution of international crimes in order to capture the criminal responsibility of those who, even though not carrying out any elements of the crime themselves, have psychologically prompted other people to perpetrate such crimes. In international criminal proceedings, the same idea has also been expressed with concepts like soliciting and inducing, or incitement.

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Publisher: Cambridge University Press
Print publication year: 2019

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References

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