Forthcoming, Criminal Law & Philosophy, 8 2014
19 Pages Posted: 12 Feb 2014 Last revised: 18 Feb 2014
Date Written: February 10, 2014
National and international criminal law systems are continually seeking doctrinal and theoretical frameworks to help them impose individual liability on collective perpetrators of crime. The two systems move in parallel and draw on each other. Historically, it has been mostly international criminal law that leaned on domestic legal systems for its collective modes of liability. Currently, however, it is the emerging jurisprudence of the ICC that is at the forefront of innovation, with the doctrine of indirect co-perpetration taking the lead in international prosecutions. The article assesses the potential contribution as well as the limits of this compound doctrine to domestic criminal law jurisprudence, particularly with regard to small-group criminality. Four modes of indirect co-perpetration are discussed, namely shared control, concerted control, controlling board, and flawed triangle perpetration. A doctrine of indirect co-perpetration would enable liability in these modes of perpetration, perhaps with the exception of the latter, which marks the limits of its applicability.
Keywords: Criminal responsibility, Co-Perpetration, Perpetration by Means, International Criminal Law
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