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International Crimes and the Ad Hoc Tribunals$
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Guénaël Mettraux

Print publication date: 2006

Print ISBN-13: 9780199207541

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207541.001.0001

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Genocide and other Forms of Criminal Involvement

Genocide and other Forms of Criminal Involvement

(p.245) 16 Genocide and other Forms of Criminal Involvement
International Crimes and the Ad Hoc Tribunals

Guénaél Mettraux

Oxford University Press

A genocidal offence may be committed by act or omission, and the perpetrator need not have been involved in any patterns of criminal behaviour. As with the other crimes within the jurisdiction of the ad hoc tribunals for Rwanda and the former Yugoslavia, the official position of the accused may not relieve an accused of criminal responsibility for genocide, nor would it mitigate his punishment. This chapter discusses the various listed forms of criminal participation (Articles 4/2 (a-e) of the statutes of the Yugoslav and Rwanda tribunals), including genocide, conspiracy to commit genocide, direct and public incitement to commit genocide, attempt to commit genocide, and complicity in genocide. Other forms of criminal participation may include command responsibility and joint criminal enterprise or common purpose doctrine.

Keywords:   genocide, criminal participation, statutes, conspiracy, complicity, command responsibility, joint criminal enterprise

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