Ilias Bantekas
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Forms of direct criminal responsibility
in Principles of direct and superior responsibility in international humanitarian law
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The interaction of law, politics and financial considerations have proved detrimental for staging criminal prosecutions, even to this day, but ultimately have not negated the criminal liability of perpetrators. This chapter explores the various forms of direct participation in humanitarian law offences. These are: planning and conspiracy; ordering others to commit a crime; incitement and dissemination of hate propaganda; and complicity. The chapter describes the concept of war crimes and crimes against humanity. Since the adoption of the Genocide Convention, the concept of criminal conspiracies has attracted the attention of the ILC regarding its Draft Code of Crimes against the Peace and Security of Mankind. Draft Article 2 deals with the individual responsibility of participants in international offences. An order is unlawful when it violates international humanitarian law, regardless of its legitimacy under national law.

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