Modes of Liability for International Crimes

Completed in October 2019

The most senior political and military figures in any given context are almost invariably not the people ‘pulling the trigger’. Indeed, today, many of the greatest debates and controversies in international criminal law (ICL) concern forms of responsibility for international crimes other than direct commission.

An Inconsistent Jurisprudence

Jurisprudence in the various ICL tribunals and national courts is inconsistent, both internally and across different tribunals, as illustrated by recent debates surrounding the complex notions of joint criminal enterprise – involving the participation of several individuals in a common criminal plan – or of command responsibility – when a superior is held responsible for international crimes committed by his subordinates and for failing to prevent or punish them. This has left the state of the law unclear, to the detriment of accountability and the ongoing struggle against impunity.

Clarifying the Conditions of Accountability for International Crimes

This project therefore intends to clarify the conditions of accountability for international crimes by providing a detailed assessment of the customary international law status of, in particular, the actus reus and mens rea elements of modes of liability: planning, instigating, conspiracy, direct and indirect perpetration, co-perpetration, the three forms of joint criminal enterprise, the doctrine of common purpose under the Rome Statute of the International Criminal Court (ICC), command responsibility and aiding and abetting.

The research's findings will be published in a book. This will constitute an essential reference for national courts and international tribunals, as well as ministries of justice and foreign affairs, international organizations, fact-finding missions and commissions of inquiry, United Nations human rights treaty bodies and special procedures, judges and academics.

The research is directed by Professor Robert Roth and coordinated by Jérôme de Hemptinne and involves the active participation of several leading experts in the field of ICL as well as young scholars from universities, the ICC and other international tribunals who have acquired extensive experience in this area.

NEWS

Sculpture realized to illustrate thre UDHR News

New Book Clarifies the Modes of Liability for International Crimes

30 September 2019

The book Modes of Liability in International Criminal Law, based on research undertaken under the auspices of the Geneva Academy intends to clarify the conditions of accountability for international crimes.

Read more >

Publications

Cover page of the book

Modes of Liability in International Criminal Law

July 2019

Jérôme de Hemptinne, Robert Roth, Elies van Sliedregt

Cambridge University Press

View More >

Past Events

Book Launch: Modes of Liability in International Criminal Law

29 October 2019, 18:30-20:00

Read more >

MORE ON THIS THEMATIC AREA

Map of the RULAC online portal News

Renewed Fighting Prompts the Reclassification of a Non-International Armed Conflict in Southern Thailand

22 August 2022

Renewed fighting – despite ongoing peace talks – prompted the reclassification of the armed violence between Thailand and the Barisan Revolusi Nasional Coordinate (BRN) on our Rule of Law in Armed Conflict online portal.

Read more

Students during the orientation week News

79 Students Start their Academic Year

12 September 2022

The 41 students enrolled in our LLM in International Humanitarian Law and Human Rights and the 38 enrolled in our MAS in Transitional Justice, Human Rights and the Rule of Law (MTJ) arrived in Geneva for their orientation week.

Read more

Nuclear missiles Event

Changing the Rules of the (Nuclear) Game: Voices from the Humanitarian, Technological, Strategic and Legal Fields

20 February 2023, 18:00-19:30

This IHL Talk will address today's place of nuclear weapons, including their humanitarian impact, the impact of technological advancements, the relevance of the deterrence narrative and implications on the international legal framework.

Read more

Aleppo, Syria: great Umayyad mosque. Destructions. Event

Book Launch: Cultural Heritage and Mass Atrocities

1 March 2023, 18:15-20:00

At this book launch, one of the book’s editors will discuss cultural heritage and mass atrocities with contributors to the book and specialists.

Read more

22 March 2022, Maxime Jeoffroy Eli Mokom Gawaka (“Mr Mokom”) appeared before Pre-Trial Chamber II of the International Criminal Court ( Short Course

Accountability for Atrocity Crimes

5-30 May 2023

This online short course examines and discusses the main criminal jurisdictions fostering individual legal accountability for international crimes.

Read more

Afghanistan, Parwan detention facility. Inside a room where detainees of the prison, separated by an acrylic glass, are allowed to meet with their families a couple of times per year with the help of the ICRC employees who facilitate the programme. Short Course

Preventing and Combating Terrorism

27 April - 8 June 2023

This online short course discusses the extent to which states may limit and/or derogate from their international human rights obligations in order to prevent and counter-terrorism and thus protect persons under their jurisdiction.

Read more

A session of the UN Human Rights Council Project

IHL Expert Pool

Started in January 2022

The IHL-EP works to strengthen the capacity of human rights mechanisms to incorporate IHL into their work in an efficacious and comprehensive manner. By so doing, it aims to address the normative and practical challenges that human rights bodies encounter when dealing with cases in which IHL applies.

Read more

Screenshot of the RULAC webpage Project

Rule of Law in Armed Conflicts (RULAC)

Started in May 2007

The Rule of Law in Armed Conflicts project (RULAC) is a unique online portal that identifies and classifies all situations of armed violence that amount to an armed conflict under international humanitarian law (IHL). It is primarily a legal reference source for a broad audience, including non-specialists, interested in issues surrounding the classification of armed conflicts under IHL.

Read more

Cover page of the study Publication

From Words to Deeds A Study of Armed Non-State Actors’ Practice and Interpretation of International Humanitarian and Human Rights Norms: Research and Policy Conclusions

published on September 2022

Annyssa Bellal, Pascal Bongard, Ezequiel Heffes

Read more

Cover of the publication Publication

From Words to Deeds: A Study of Armed Non-State Actors’ Practice and Interpretation of International Humanitarian and Human Rights Norms: Al-Qaeda

published on September 2022

Annyssa Bellal, Pascal Bongard and Ezequiel Heffes

Read more