ABSTRACT
The question of who commits international crimes may sound like a question of fact but it is, in fact, mostly a question of law. Making a particular actor into a subject of international criminal law (ICL) is a decision loaded with ambiguous meaning, both designating said category of agents to potential infamy yet simultaneously affirming that they are significant enough to at least be subjects of international law. This chapter begins with the State, long the leading target of the projects of international criminal justice (II). It charts the emergence and increased centrality of the individual as a subject of international law (III). Thinking about the evolution from state to individual responsibility as well as emerging debates on the criminal responsibility of non-state actors suggests a discipline that is evolving dynamically and shaped by more than court decisions, treaties and customs. The chapter looks at emerging developments targeting various non-state actors for a form of corporate criminal responsibility (IV).
