Journal Article

Problems of Participation — Unitarian, Differentiated Approach, or Something Else?

Hans Vest

in Journal of International Criminal Justice

Volume 12, issue 2, pages 295-309
Published in print May 2014 | ISSN: 1478-1387
Published online April 2014 | e-ISSN: 1478-1395 | DOI: https://dx.doi.org/10.1093/jicj/mqu021
Problems of Participation — Unitarian, Differentiated Approach, or Something Else?

More Like This

Show all results sharing these subjects:

  • Criminal Law
  • International Law
  • International Criminal Law
  • International Humanitarian Law
  • Transnational Crime

GO

Show Summary Details

Preview

In two recent judgements handed down by the International Criminal Court, the majority’s understanding of the law and modes of participation has triggered vigorous dissenting opinions (Section 1). The debate has focused on the question of whether there is an explicit or implicit hierarchy between the different modes of participation provided for in Article 25(3)(a)–(d) of the Rome Statute. The majority of the Judges take such a hierarchy for granted, marking a categorical distinction between principal perpetration and participation on the one hand, and, in the following sequence, a differentiation between subparagraph (b), (c) and (d), on the other. The dissenting Judges contest this and opt for a plain reading of the statutory provisions. For them the Statute reveals a more flexible position enabling a solution tailored to the particular circumstances of each case, which would be curtailed by a rigid hierarchy between the modes of participation. Section 2 of this article offers a detailed description of the two positions, followed in Section 3 by a short discussion of the relevant statutory provisions and a critical discussion of the respective arguments. Section 4 takes up the difficult and more general question of the model of participation implemented by the Rome Statute. The article concludes that both conflicting approaches may have some merits that, in combination, may lead to a more nuanced solution of the issue. The debate on models, however, is only the first step towards a comprehensive understanding of the material problems posed by the law on participation (Section 5).

Journal Article.  7069 words. 

Subjects: Criminal Law ; International Law ; International Criminal Law ; International Humanitarian Law ; Transnational Crime

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content. subscribe or login to access all content.