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Conclusions Of Part II

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Chapter Summary

The task of criminal law is to provide a way to link a plurality of persons to a specific crime and to allocate responsibility between them. The main advantage that the specific concepts of conspiracy, criminal organisations, superior responsibility, joint criminal enterprise and 'perpetration by means' provide is that they reach inactive participants who were removed from the place of the immediate perpetration. The principal concepts of extended responsibility are summarised in this chapter. The specific features of the core crimes which have given rise to particular legal policy requirements. The International Court of Justice based its reasoning on the same facts and the same evidence as the ICTY had earlier, making use of its relevant proceedings. While this could be taken as an example of a slow erosion of 'compartmentalisation' in enforcement, each court and tribunal comes to its conclusions independently.

Keywords: criminal law; International Court of Justice



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