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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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General Remarks on Participation

General Remarks on Participation

(p.269) 17 General Remarks on Participation
International Crimes and the Ad Hoc Tribunals

Guénaél Mettraux

Oxford University Press

The distribution of criminal responsibility takes different forms in different domestic legal systems and the scope and modes of criminal liability will be drawn more or less broadly in each one of those legal environments. Under the statutes of the ad hoc tribunals for Rwanda and the former Yugoslavia, one single statutory provision (Article 7 in the case of the latter and Article 6 of the former) regulates those forms of participation for which individual criminal responsibility may be engaged under the statute. This article, which is identical in both statutes, must be read into each and every one of the subject-matter articles of the statute so that any of the crimes listed in the statute may, in principle, be committed in any of the forms provided for in Article 7 or Article 6. Paragraph 1 contains a number of what may be called ‘traditional’ forms of criminal participation known under different nomenclature to most domestic systems: planning, instigating, ordering, committing, or otherwise aiding and abetting.

Keywords:   criminal responsibility, statutes, criminal participation

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