Elements of Accessorial Modes of Liability

Article 25 (3)(b) and (c) of the Rome Statute of the International Criminal Court


This volume continues the work of the Preparatory Commission of the International Criminal Court by developing ‘elements’ for ordering, instigating and aiding and abetting the commission of international crimes under Article 25(3)(b) and (c) of the Rome Statute. The development of proposed elements for these accessorial modes of liability is necessary because while detailed elements for the substantive crimes within the jurisdiction of the Court were identified in the ‘Elements of Crimes’, no such elements were elaborated for the modes of liability in those crimes. The proposed elements in this volume break new ground and are designed to assist the ICC in applying the provisions of the Rome Statute to the cases before it for trial with consistency and accuracy.

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Biographical Note

Sarah Finnin, BA/LLB (Hons) (2006), Ph.D. (2011) in Law, University of Melbourne, is a Prosecutor with the Office of the Director of the Public Prosecutions of the Northern Territory in Alice Springs, Australia.

Table of contents

Foreword; Preface; Table of Abbreviations; Table of Instruments and Cases;
Chapter One Introduction;
Chapter Two Background;
I Introduction; II Background to Article 25 of the Rome Statute; III Introduction to Article 25 of the Rome Statute; IV Methodology; V Conclusion
Chapter Three Accessorial Act
I Introduction; II Ordering; III Soliciting or Inducing; IV Aiding and Abetting; V Conclusion
Chapter Four Accessorial Object
I Introduction; II Introduction to Derivative Nature; III The Non-Derivative Approach; IV Two Derivative Approaches; V Conclusion
Chapter Five Causation
I Causation and Accessorial Liability; II Jurisprudence of Previous International Courts and Tribunals; III Requirement of a Successful Contribution; IV The Necessary Condition Test; V The Substantial Effect Test; VI Conclusion
Chapter Six Mental Elements
I Introduction; II Introduction to the Concept of Intent; III Introduction to Article 30; IV Exceptions to Article 30; V Conclusion
Chapter Seven Proposed Mental Elements
I Introduction; II Conduct Elements; III Circumstance Elements; IV Consequence Elements; V Additional Mental Element; VI Conclusion
Chapter Eight Conclusion
I Introduction; II Liability of the Generals for Soliciting/Inducing; III Liability of Archer for Ordering; IV Liability of Banks for Aiding and Abetting; V Conclusion
Appendices; Index.


All those interested in international criminal law and international humanitarian law, including practitioners and judges of the various international criminal tribunals and the International Criminal Court.

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