Theories of co-perpetration in international criminal law

Lachezar Yanev

Research output: Book/ReportBookScientific

1 Citation (Scopus)

Abstract

The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.
Original languageEnglish
PublisherBrill / Martinus Nijhoff Publishers
Number of pages618
ISBN (Electronic)978-90-04-35750-1
ISBN (Print)978-90-04-35749-5
Publication statusPublished - May 2018

Publication series

NameInternational Criminal Law Series
ISSN (Electronic)2213-2724

Keywords

  • Individual criminal responsibility
  • joint criminal enterprise
  • control over the crime
  • system criminality
  • World War II-era trials
  • UN Tribunals
  • International Criminal Court
  • Rome Statute

Fingerprint Dive into the research topics of 'Theories of co-perpetration in international criminal law'. Together they form a unique fingerprint.

  • Cite this

    Yanev, L. (2018). Theories of co-perpetration in international criminal law. (International Criminal Law Series). Brill / Martinus Nijhoff Publishers. https://brill.com/view/title/35958?offer=359437