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The Nuremberg Military Tribunals and the Origins of International Criminal Law$
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Kevin Jon Heller

Print publication date: 2011

Print ISBN-13: 9780199554317

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199554317.001.0001

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Modes of Participation

Modes of Participation

(p.251) 11 Modes of Participation
The Nuremberg Military Tribunals and the Origins of International Criminal Law

Kevin Jon Heller

Oxford University Press

This chapter begins the discussion of the tribunals' jurisprudence concerning the modes of participation in a war crime or a crime against humanity by focusing on Article II(2)(a), (b), and (c) of Law No. 10. Section 1 examines a number of threshold issues concerning criminal responsibility, such as liability for omissions and the liability of corporations. Sections 2–4 discuss ordering, taking a consenting part, and command responsibility, respectively. Finally, Section 5 addresses two modes of participation referenced only in passing by the tribunals — perpetration by means and incitement — as well as the tribunals' rejection of attempt.

Keywords:   modes of participation, omissions, corporate liability, ordering, taking a consenting part, command responsibility, attempt, incitement, perpetration by means

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