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The relationship between complicity modes of liability and specific intent crimes in the law and practice of the ICTY

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Chapter Summary

This chapter presents a brief description of the building blocks of the definition of an offence under the ICTY Statute. It defines analyses accomplice modes of liability and its interaction with specific intent crimes properly come after. The chapter reviews some of the philosophical foundations advanced to justify the particular nature of mens rea for accomplices, and why it should be kept differently from the mens rea of physical perpetrators of international offences. All the crimes under the ICTY Statute require proof of culpability i.e. proof that the offender committed the prohibited act with a specified blameworthy state of mind, or mens rea. The discussion whether or not complicity modes of liability can be applied to specific intent crimes, also turns to a large extent into a discussion of the philosophical nature of the mens rea of accomplices.

Keywords: complicity modes of liability; ICTY Statute; mens rea; specific intent crimes



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