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11 - Attempt

from Part V - Inchoate and Preparatory Acts

Published online by Cambridge University Press:  01 July 2019

By
Jérôme de Hemptinne
General editor
Jérôme de Hemptinne ,
Robert Roth  and
Elies van Sliedregt
Edited by
Marjolein Cupido ,
Manuel J. Ventura  and
Lachezar Yanev
Assisted by
Tom Gal ,
Dillon Roseen  and
Thomas Van Poecke
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

Despite recent developments, prosecuting attempts to commit international crimes have typically been rare at the international level. The infrequency of prosecution can be explained by several factors. Some scholars have argued that attempt liability for war crimes, crimes against humanity or genocide might not have met the ‘seriousness requirement’ in order to be brought within the ICTY and the ICTR’s respective jurisdictions or might not ‘have implicated the collective considerations of peace and security that animated the creation of the tribunals in first instance’. Moreover, according to Schabas, prosecuting attempted international crimes was not entirely necessary since international courts and tribunals were generally established ex post facto, that is once such crimes have already been committed.

Type
Chapter
Information
Modes of Liability in International Criminal Law , pp. 339 - 354
Publisher: Cambridge University Press
Print publication year: 2019

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References

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Ambos, K., ‘Article 25: Individual Criminal Responsibility’, in Triffterer, O. (ed.), Commentary on the Rome Statute of the International Criminal Court: Observers’ Notes, Article by Article (2nd edn, Munich: C.H. Beck, 2008) 743.Google Scholar
Ambos, K., Treatise on International Criminal Law – Volume I: Foundations and General Part (Oxford: Oxford University Press, 2013).Google Scholar
Cassese, A., ‘Black Letter Lawyering v. Constructive Interpretation’, 2 Journal of International Criminal Justice (2004) 265.CrossRefGoogle Scholar
Cryer, R., ‘General Principles of Liability in International Criminal Law’, in Mc Goldrick, D., Rowe, P. and Donnely, E. (eds.), The Permanent International Criminal Court: Legal and Policy Issues (Oxford: Oxford University Press, 2013) 233.Google Scholar
Cryer, R., Friman, H., Robinson, D. and Wilmshurst, E., An Introduction to International Criminal Procedure (2nd edn, Cambridge: Cambridge University Press, 2010).Google Scholar
Eser, A., ‘Individual Criminal Responsibility’, in Cassese, A., Gaeta, P. and Jones, J.R.W.D. (eds.), The Rome Statute of the International Criminal Court: A Commentary – Vol. I (Oxford: Oxford University Press, 2002) 767.Google Scholar
Mettraux, G., International Crimes and Ad Hoc Tribunals (Oxford: Oxford University Press, 2005).Google Scholar
Ohlin, J., ‘Attempt to Commit Genocide’, in Gaeta, P. (ed.), The UN Genocide Convention: A Commentary (Oxford: Oxford University Press, 2009) 173.Google Scholar
Schabas, W., Genocide in International Law (Cambridge: Cambridge University Press, 2009).Google Scholar
van Sliedregt, E., Individual Criminal Responsibility in International Law (Oxford: Oxford University Press, 2012).Google Scholar
Werle, G. and Jeßberger, F., Principles of International Criminal Law (3rd edn, Oxford: Oxford University Press, 2014).Google Scholar

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