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Any other contribution? Ascribing liability to cover-ups of international crimes
Version 2 2023-06-12, 06:35
Version 1 2023-06-08, 14:03
journal contribution
posted on 2023-06-12, 06:35 authored by Michael G KearneyAs the International Criminal Court continues to develop the parameters of the various modes of liability set out in article 25.3 of the Rome Statute, recent developments raise questions as to whether the Court can consider participation in cover-ups or concealment of crimes as giving rise to individual criminal responsibility. It is only recently that international tribunals, and notably the International Criminal Tribunal for the Former Yugoslavia, have turned to consider how international criminal law approaches responsibility for cover-ups or concealment of crimes. In reviewing how and why the ICTY has addressed individual criminal liability for engaging in cover-ups, and in light of the ICC’s Mbarushimana decision, the aim of this paper is to suggest how the ICC might consider such issues in future cases. Having demonstrated the necessity of international criminal law accounting for cover-ups, the paper will discuss how the jurisprudence, in toto, excludes the possibility of holding to account individuals who contribute to the cover up of international crimes, by whatever means, or however grave, unless they were acting on the premise of a prior agreement with the principals. By way of conclusion the paper will suggest that an expansive interpretation of article 25.3.d of the Rome Statute may provide a means of addressing this gap.
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- Published
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- Published version
Journal
Criminal Law ForumISSN
1046-8374Publisher
Springer NetherlandsExternal DOI
Issue
3Volume
24Page range
331-370Department affiliated with
- Law Publications
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- No
Peer reviewed?
- Yes
Legacy Posted Date
2013-03-18First Compliant Deposit (FCD) Date
2012-12-03Usage metrics
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