Instigation
in J. De Hemptinne, R. Roth, E. Van Sliedregt (eds), 'Modes of Liability in International Criminal Law', Cambridge University Press, Cambridge, 2019, pp. 257-283
37 Pages Posted: 8 Jul 2020
Date Written: April 14, 2018
Abstract
This chapter delves into the concept of instigation, i.e. the act of in prompting, encouraging or urging somebody else to commit a crime, as a mode of liability in international criminal law. It distinguishes instigation from the closely related notions of indirect perpetration, ordering, aiding and abetting, planning, and direct and public incitement to genocide. The chapter, most importantly, inquires whether the various definitions of this mode of liability adopted by international criminal tribunals converge towards requiring common elements. It concludes that the combined jurisprudence of the International Criminal Court (ICC), of the International Criminal Tribunals for the former Yugoslavia and Rwanda and of the Special Court for Sierra Leone depicts a coherent picture as to the elements required for this mode of liability (known as 'soliciting/inducing' in the ICC system), even though some open questions remain.
Keywords: international criminal law, modes of liability, instigation, international crimes, international criminal court
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