Omission Liability at the International Criminal Tribunals—A Case for Reform

Gideon Boas

in Judicial Creativity at the International Criminal Tribunals

Published in print December 2010 | ISBN: 9780199591466
Published online January 2011 | e-ISBN: 9780191595585 | DOI:
Omission Liability at the International Criminal Tribunals—A Case for Reform

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This chapter looks at the development of aiding and abetting by omission as a form of individual criminal responsibility by the ad hoc Tribunals. In a critical analysis of the existing case law, it argues that there is no basis for this form of individual liability in customary international law. It identifies specific instances in which the reasoning of both the Yugoslav and Rwanda Tribunals has been left wanting on this question. Particularly concerning in this regard is the inconsistent methodology that has been utilized in the identification of customary international norms. Taking the recent challenge to the customary foundations of omission liability in the Karadžić case, the chapter concludes that this form of liability has not been coherently and convincingly established in international law.

Keywords: international criminal law; individual criminal responsibility; omission liability; customary international law; Karadžić case

Chapter.  11919 words. 

Subjects: Human Rights and Immigration

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