Forms of perpetration

Modes of liability are not to be confused with substantive crimes. ¹ The former is merely a vehicle through which the latter may be committed. ² The modes of liability for the various international and ‘internationalized’ tribunals more or less mirror the modes of liability set out by the statutes of the International Criminal Tribunal for the former Yugoslavia (‘ICTY’) and the International Criminal Tribunal for Rwanda (‘ICTR’). Individual responsibility under Article 7(1) of the ICTY Statute (Article 6(1) of the ICTR Statute) is explicitly realized through the planning, instigating, ordering, committing or otherwise aiding and abetting of genocide. ³ It has also been held that Articles 7(1)/6(1) of the ICTY/ICTR Statutes, respectively, implicitly encompass – as a form of ‘committing’ – the mode of liability termed by the ICTY as joint criminal enterprise (‘JCE’). ⁴ Superior or command responsibility is codified under Article 7(3)/6(3) of the ICTY/ICTR statutes. ⁵