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Part IV - Participating in Group Activities

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

Criminal responsibility for contributing to a group acting with a common purpose is a key – yet controversial – issue in ICL. On the one hand, it is well-known that international crimes are normally committed by groups of people acting pursuant to joint plans or agreements. This calls for liability theories that establish responsibility based on the accused’s participation in a collective criminal effort. On the other hand, the principles of individual criminal responsibility and personal guilt proscribe the attribution of crimes committed by others to the accused merely because of his/her membership in a group or organization.

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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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DeFalco, R.C., ‘Contextualizing Actus Reus under Article 25 (3)(d)of the ICC Statute’, 11 Journal of International Criminal Justice (2013) 715.Google Scholar
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