University of Sussex
Browse

File(s) not publicly available

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 Kearney
As 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.

History

Publication status

  • Published

File Version

  • Published version

Journal

Criminal Law Forum

ISSN

1046-8374

Publisher

Springer Netherlands

Issue

3

Volume

24

Page range

331-370

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2013-03-18

First Compliant Deposit (FCD) Date

2012-12-03

Usage metrics

    University of Sussex (Publications)

    Categories

    No categories selected

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC