ABSTRACT

Modes of liability play a particularly important role in the domestication of international criminal law, not least because international crimes are typically complex, involving a plurality of persons who contribute in different ways and at different levels to their commission. Rules on attribution in fact delineate what type of conduct gives rise to criminal liability. The chapter investigates how the German legislator implemented modes of liability in the German Code of Crimes Against International Law (CCAIL). The analysis sets out first the provisions concerning superior responsibility, which deviate significantly from Article 28 ICC Statute, and then turns to the approach followed on other modes of liability, for which the general criminal law applies. These solutions facilitate the jurisprudential application of modes of liability, influencing and informing the interpretation of international criminal law by the ICC or by other domestic jurisdictions.