Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Modes of Liability

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The penal norms dealing with modes of liability set out those types of involvement in the launch of an unlawful attack which give rise to criminal responsibility. In so doing, they determine a contrario which other forms of participation in the launch of an unlawful attack are not significant enough to give rise to criminal liability. Although the person who launches an unlawful attack is as criminally liable for the attack as the person who instigates the attack or assists the perpetrator, one cannot ignore the fact that the contributions of the different persons involved in the launch of an unlawful attack are of different nature and scope. The RS has, thus, rejected the formally objective approach to the notion of co-perpetration, which excludes anyone who has not carried out an objective element of the crime from the group of co-perpetrators no matter how important his contribution may have been.

Keywords: criminal liability; liability mode; perpetrator



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Unlawful Attacks in Combat Situations — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation