ABSTRACT

In this chapter we seek to explore the various forms of participation in international crime, particularly as an accomplice and liability thereof. This task is not undertaken through comparative criminal law but solely on the basis of international law sources, particularly treaties, custom and judgments of international tribunals. The latter have relied to a very large degree on comparative methods in order to demonstrate the existence of a general principle of criminal law. Our selection of International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) judgments is not meant to convey the impression that we consider these as binding statements of the law generally, but that they represent authoritative statements of the relevant law, or of the direction the law may be taking. We should always keep in mind, however, that the law and jurisprudence of international criminal tribunals is context-specific and not of general application.