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The Many Faces of Complicity in International Law
Published online by Cambridge University Press: 20 January 2017
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- Type
- Complicity in International Law
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- Copyright © American Society of International Law 2016
References
1 Case Concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bos. & Herz. v. Serb. and Mont.), Judgment, 2007 ICJ REP. 43, ¶¶ 421-22 (Feb. 26) (finding that the evidence did not establish that the respondent provided assistance in neighboring Bosnia with the knowledge that genocide would take place or that actors there were acting with genocidal intent).
2 Doe v. Cisco Systems Inc., 66 F. Supp. 3d 1239 (N.D. Cal. 2014), available at https://www.eff.org/files/2014/09/19/10973373-0-28677.pdf.
3 See, e.g., Al Nashiri v. Poland, Appl. No. 28761/11, Judgment, ¶¶ 417, 517, Eur. Ct. H.R. (July 24, 2014), available at http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-146044# (finding Poland complicit in torture committed on its territory by virtue of its knowledge of the nature of the CIA’s activities and acts of assistance and facilitation); Abu Zubaydah v. Poland, Appl. No. 7511/13, Judgment, Eur. Ct. H.R. (July 24, 2014), available at http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-146047# (same).
4 Prosecutor v. Furundžija, Case No. IT-95-17/1-T, Judgement, ¶ 249 (Int’l Crim. Trib. for the Former Yugoslavia December 10, 1998) (the actus reus of aiding and abetting “consists of practical assistance, encouragement, or moral support which has a substantial effect on the perpetration of the crime”).
5 Prosecutor v. Akayesu, Case No, ICTR-96-4, Judgement, ¶ 693 (Sept. 2, 1998).
6 Prosecutor v. Taylor, Case No. SCSL-03-01-A, Judgement, ¶¶ 344 et seq. (Sept. 26, 2013),
7 Prosecutor v. Mrkšić & Šljivančanin, Case No. IT-95-13/1-A, Appeal Judgement, ¶¶ 132 et seq. (Int’l Crim. Trib. for the Former Yugoslavia May 5, 2009).
8 Sarah Finnin, Elements of Accessorial Modes of Liability: Articles 25(3)(B) and (C) of the Rome Statute of the ICC 144 (2012).
9 Stewart, James G., The End of ‘Modes of Liability’ for International Crimes, 25 Leiden J. Int’l L. 165 (2012)CrossRefGoogle Scholar.
10 Prosecutor v. Krstić, Case No. IT-98-33-A, Judgement, ¶ 140 (Int’l Crim. Trib. for the Former Yugoslavia April 19, 2004).
11 Id.
12 Prosecutor v. Perišić, Case No. IT-04-81-A, Judgement, ¶ 17 et seq. (Int’l Crim. Trib. for the Former Yugoslavia Feb. 28, 2013).
13 Prosecutor v. Šainović, Case No. IT-05-87-A, Judgement, ¶ 1649 (Int’l Crim. Trib. for the Former Yugoslavia Jan. 23, 2014); see also Prosecutor v. Popović, Case No IT-05-88-A, Judgement, ¶ 1755 et seq. (Int’l Crim. Trib. for the Former Yugoslavia Jan. 30, 2015).
14 Taylor, supra note 6, at ¶ 474-80.
15 Stanišić v. Simatović, Case No. IT-03-69-A, Judgement, ¶ 128 (Dec. 9, 2015).
16 See Marko Milanovic, Danish Judge Blasts ICTY President, EJIL: Talk! (June 13, 2013), at http://www.ejiltalk.-org/danish-judge-blasts-icty-president/.
17 Perišić, supra note 12, at ¶ 72.
18 Taylor, supra note 6, at ¶¶ 456-65.
19 U.S. Department of State, An Overview of the Leahy Vetting Process (July 9, 2013), available at http://www.humanrights.gov/dyn/an-overview-of-the-leahy-vetting-process.html.
20 UN Arms Trade Treaty (Apr. 2, 2013, entry into force Dec. 24, 2014), available at https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVI-8&chapter=26&lang=en.
21 Prosecutor v. Goudé, Case No. ICC-02/11-02/11, Decision on the Confirmation of Charges Against Charles Blé Goudé, ¶¶ 167-70 (Dec. 11, 2014).
22 Doe v. Nestle USA, Inc., 766 F.3d 1013, 1026 (9th Cir. 2014) (declining to adopt either mens rea standard, because plaintiffs’ allegations satisfied both and remanding on actus reus ).