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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 January 2022

Article 7(1) of the ICTY Statute and Article 6(1) of the ICTR Statute: ‘Direct’ Participation

Article 7(1) of the ICTY Statute and Article 6(1) of the ICTR Statute: ‘Direct’ Participation

Chapter:
(p.279) 20 Article 7(1) of the ICTY Statute and Article 6(1) of the ICTR Statute: ‘Direct’ Participation
Source:
International Crimes and the Ad Hoc Tribunals
Author(s):

Guénaél Mettraux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207541.003.0020

This chapter discusses ‘direct participation’ in international crimes pursuant to Articles 7(1) and 6(1) of the statutes of the ad hoc tribunals for the former Yugoslavia and of Rwanda, respectively. Planning envisions one or more persons formulating a method of design or action, procedure, or arrangement for the accomplishment of a particular crime. Someone who instigates another to commit a crime listed in the statute may be held responsible for his acts, if his actions are shown to have been causal to the actual commission of the crime. Ordering entails a person in a position of authority using that position to convince another to commit an offence. The chapter also explains aiding and abetting a crime, three particular forms of joint criminal enterprise which the appeals chamber has identified as being part of customary international law, and attempt to commit genocide.

Keywords:   statutes, direct participation, international crimes, planning, joint criminal enterprise, genocide

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