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Complicity in International Law$
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Miles Jackson

Print publication date: 2015

Print ISBN-13: 9780198736936

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198736936.001.0001

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The Structure of Complicity

The Structure of Complicity

(p.10) 2 The Structure of Complicity
Complicity in International Law

Miles Jackson

Oxford University Press

This chapter constructs the foundation for the analysis of complicity in international law in Chapters 3-9. First, it proposes a definition of complicity, which at the most basic level concerns an actor’s participation in wrongdoing committed by another actor. Second, it explores why and in what circumstances a legal system ought to prohibit complicit conduct. Third, it defends the normative claim of the work as to the structure of such a prohibition on complicity: complicity rules ought to hold accomplices responsible for their own contribution to the principal’s wrong, and not for the wrong of their principal. Finally, by drawing on municipal criminal law, this chapter builds an analytical framework that can be used in the forthcoming chapters to assess the complicity rules that bind states and individuals in international law.

Keywords:   complicity, participation in crime, differentiated participation, conduct element, causation, fault element

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