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1 - Cross-Cutting Issues

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

Presently, many of the debates and controversies in ICL concern modes of liability. Indeed, international jurisprudence is inconsistent in this area, as demonstrated by the numerous and high-profile debates surrounding the definition of the constitutive elements of direct co-perpetration,indirect co-perpetration,JCE,aiding and abetting,common purpose liability,conspiracy,incitementor superior responsibility.This situation has left the state of the law unclear, to the detriment of accountability and uniformity of ICL. While the constitutive elements of war crimes, crimes against humanity, genocide and aggression have been clarified in many studies, there is no contemporary comprehensive research that has addressed in detail all the different forms of responsibility for these international crimes.

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Publisher: Cambridge University Press
Print publication year: 2019

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