Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes
Series: - Studies in International Criminal Law, Volume: 3
War crimes, crimes against humanity, genocide and the crime of aggression (so-called ‘core crimes’) often could not be committed without financial assistance. This book examines the basis for individual criminal liability under international law for persons who finance core crimes. Despite the need for clear rules, neither international courts nor scholars agree upon whether or not, or under what circumstances, such liability exists.
To determine the minimum standard of liability, this work analyses the legal rules relating to complicity, both under international criminal law and domestically in twenty selected jurisdictions in Africa, Asia, Europe, Latin America, North America and Oceania. The aim of these analyses is to determine whether there are general principles of law recognised by the community of States regarding the minimum standard of liability for aiders and abettors.
This book proposes a comparative framework for assessing legal rules relating to complicity, and it advances a normative claim as to how legal rules should be structured concerning the criminal responsibility of individuals who finance the commission of core crimes.
The analysis of the applicable international law and the comparative analysis of national jurisdictions lead to the conclusion that, currently, the minimum standard of knowledge for aiding and abetting is active knowledge. However, the author argues that this standard should be revised to include wilful blindness. Regarding the intent requirement, the analyses find that dolus eventualis is included in the definition of intent.
To determine the minimum standard of liability, this work analyses the legal rules relating to complicity, both under international criminal law and domestically in twenty selected jurisdictions in Africa, Asia, Europe, Latin America, North America and Oceania. The aim of these analyses is to determine whether there are general principles of law recognised by the community of States regarding the minimum standard of liability for aiders and abettors.
This book proposes a comparative framework for assessing legal rules relating to complicity, and it advances a normative claim as to how legal rules should be structured concerning the criminal responsibility of individuals who finance the commission of core crimes.
The analysis of the applicable international law and the comparative analysis of national jurisdictions lead to the conclusion that, currently, the minimum standard of knowledge for aiding and abetting is active knowledge. However, the author argues that this standard should be revised to include wilful blindness. Regarding the intent requirement, the analyses find that dolus eventualis is included in the definition of intent.
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Laura Ausserladscheider Jonas completed her Doctorate of Laws in April 2021 at the University of Pretoria. Previously, she completed a Magister Juris at Oxford University. Since 2017, she works as a jurist at the Swiss Department of Justice and Police. She has published in the fields of international criminal law and human rights law and co-authored the book Article 3 of the European Convention on Human Rights and articles Proportionality, Fundamental Rights and the Duties of Directors; From Hate Speech to Incitement to Genocide: The Role of the Media in the Rwandan Genocide and Individual Criminal Responsibility for the Financing of Entities Involved in Core Crimes: Aiding and Abettingpublished in the Oxford Journal of Legal Studies, the Boston University International Law Journal and the Comparative and International Law Journal of Southern Africa respectively.
Foreword
Acknowledgements
List of Figures and Maps
part 1
A Theory of International Criminal Law
1 Introduction
1 Introduction
2 Structure of the Research
3 Scope of the Research
3.1 Individual Criminal Liability
3.2 Entities
3.3 Core Crimes
3.4 Participatory Conduct (Complicity)
3.5 Punishable Complicity
3.6 Financing
3.7 Responsibility, Accountability and Liability
4 Rationale for This Research
4.1 Legal Uncertainty
4.2 All International Courts and Tribunals
4.3 End the Cycle of Impunity
5 Methodology
2 Current State of International Criminal Law
1 Introduction
2 The Nature of International Criminal Law
3 Sources of International Criminal Law
3.1 Primary Sources: Treaties and Customary International Law
3.2 Supplementary Sources
3.3 Other Subsidiary Sources Derived from National Laws
4 General Principles of International Criminal Law
4.1 Principle of Legality
4.2 Principle of Specificity
4.3 Principle of Non-Retroactivity
4.4 Principle of the Ban on Analogy and Extensive Interpretation
4.5 Principle of Favor Rei
5 Conclusion
3 Actus Reus and Mens Rea in International Criminal Law
1 Importance of Defining Actus Reus and Mens Rea
2 Actus Reus
3 Mens Rea
3.1 Mens Rea at the icc
3.2 Mens Rea in Customary International Law
4 Conclusion
part 2
Complicity – Internationally and Nationally
4 Culpability in International Criminal Law with Regard to Aiding and Abetting
1 Introduction
2 Meaning of Aiding and Abetting
3 Related Concepts to Aiding and Abetting
3.1 Direct Commission
3.2 Indirect Commission
3.3 Co-Perpetration
3.4 jce
3.5 Instigation
3.6 Ordering
3.7 Contributing to a Group Acting with a Common Purpose
3.8 Planning
3.9 Conspiracy
3.10 Incitement
3.11 Superior / Command Responsibility
3.12 Conclusion
4 Definition and Scope of Aiding and Abetting in International Criminal Law
4.1 Aiding and Abetting at the icc
4.2 Aiding and Abetting in Customary International Law
5 Assessment
5 Comparative Analysis of Aiding and Abetting in National Jurisdictions
1 Introduction
2 Africa
2.1 Cameroon
2.2 Egypt
2.3 Malawi
2.4 South Africa
2.5 Observations
3 Asia
3.1 China
3.2 India
3.3 Israel
3.4 Malaysia
3.5 Turkey
3.6 Observations
4 Europe
4.1 England and Wales
4.2 France
4.3 Germany
4.4 Italy
4.5 Russia
4.6 Observations
5 Latina America
5.1 Argentina
5.2 Brazil
5.3 Mexico
5.4 Observations
6 North America
6.1 Canada
6.2 United States of America
6.3 Observations
7 Oceania
7.1 Australia
7.2 Observations
8 Conclusion
part 3
Determination of the Rules
6 Application of the Results to International Criminal Law
1 Introduction
2 Wilful Blindness
2.1 General Principles of Law Recognised by the Community of States
2.2 General Principles of International Criminal Law
3 Dolus Eventualis
3.1 General Principles of Law Recognised by the Community of States
3.2 General Principles of International Criminal Law
4 Wilful Blindness and Dolus Eventualis
5 Conclusion
7 Conclusion
Bibliography
Index
Acknowledgements
List of Figures and Maps
part 1
A Theory of International Criminal Law
1 Introduction
1 Introduction
2 Structure of the Research
3 Scope of the Research
3.1 Individual Criminal Liability
3.2 Entities
3.3 Core Crimes
3.4 Participatory Conduct (Complicity)
3.5 Punishable Complicity
3.6 Financing
3.7 Responsibility, Accountability and Liability
4 Rationale for This Research
4.1 Legal Uncertainty
4.2 All International Courts and Tribunals
4.3 End the Cycle of Impunity
5 Methodology
2 Current State of International Criminal Law
1 Introduction
2 The Nature of International Criminal Law
3 Sources of International Criminal Law
3.1 Primary Sources: Treaties and Customary International Law
3.2 Supplementary Sources
3.3 Other Subsidiary Sources Derived from National Laws
4 General Principles of International Criminal Law
4.1 Principle of Legality
4.2 Principle of Specificity
4.3 Principle of Non-Retroactivity
4.4 Principle of the Ban on Analogy and Extensive Interpretation
4.5 Principle of Favor Rei
5 Conclusion
3 Actus Reus and Mens Rea in International Criminal Law
1 Importance of Defining Actus Reus and Mens Rea
2 Actus Reus
3 Mens Rea
3.1 Mens Rea at the icc
3.2 Mens Rea in Customary International Law
4 Conclusion
part 2
Complicity – Internationally and Nationally
4 Culpability in International Criminal Law with Regard to Aiding and Abetting
1 Introduction
2 Meaning of Aiding and Abetting
3 Related Concepts to Aiding and Abetting
3.1 Direct Commission
3.2 Indirect Commission
3.3 Co-Perpetration
3.4 jce
3.5 Instigation
3.6 Ordering
3.7 Contributing to a Group Acting with a Common Purpose
3.8 Planning
3.9 Conspiracy
3.10 Incitement
3.11 Superior / Command Responsibility
3.12 Conclusion
4 Definition and Scope of Aiding and Abetting in International Criminal Law
4.1 Aiding and Abetting at the icc
4.2 Aiding and Abetting in Customary International Law
5 Assessment
5 Comparative Analysis of Aiding and Abetting in National Jurisdictions
1 Introduction
2 Africa
2.1 Cameroon
2.2 Egypt
2.3 Malawi
2.4 South Africa
2.5 Observations
3 Asia
3.1 China
3.2 India
3.3 Israel
3.4 Malaysia
3.5 Turkey
3.6 Observations
4 Europe
4.1 England and Wales
4.2 France
4.3 Germany
4.4 Italy
4.5 Russia
4.6 Observations
5 Latina America
5.1 Argentina
5.2 Brazil
5.3 Mexico
5.4 Observations
6 North America
6.1 Canada
6.2 United States of America
6.3 Observations
7 Oceania
7.1 Australia
7.2 Observations
8 Conclusion
part 3
Determination of the Rules
6 Application of the Results to International Criminal Law
1 Introduction
2 Wilful Blindness
2.1 General Principles of Law Recognised by the Community of States
2.2 General Principles of International Criminal Law
3 Dolus Eventualis
3.1 General Principles of Law Recognised by the Community of States
3.2 General Principles of International Criminal Law
4 Wilful Blindness and Dolus Eventualis
5 Conclusion
7 Conclusion
Bibliography
Index
Scholars in the field of international law and international criminal law, as well as international criminal law practitioners (judges, lawyers, clerks, etc).