
Contents
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I. Modes of Participation Doctrines I. Modes of Participation Doctrines
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A. The Narrative Salience of Different Models of Participation A. The Narrative Salience of Different Models of Participation
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B. Conceptual Challenges of Attributing Responsibility for Masterminded Violence B. Conceptual Challenges of Attributing Responsibility for Masterminded Violence
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C. Conspiracy at the Nuremberg IMT and Tokyo IMTFE C. Conspiracy at the Nuremberg IMT and Tokyo IMTFE
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D. Joint Criminal Enterprise at the UN Ad Hoc Tribunals D. Joint Criminal Enterprise at the UN Ad Hoc Tribunals
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1. Loosening the link between JCE members and remote physical perpetrators 1. Loosening the link between JCE members and remote physical perpetrators
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2. The ‘joint action’ requirement 2. The ‘joint action’ requirement
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3. Fluid JCEs 3. Fluid JCEs
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4. Specific intent crimes and extended form JCEs 4. Specific intent crimes and extended form JCEs
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5. Expanded common plan requirement 5. Expanded common plan requirement
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6. Conclusion 6. Conclusion
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E. Perpetration at the ICC E. Perpetration at the ICC
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1. Direct co-perpetration 1. Direct co-perpetration
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a. The common plan requirement a. The common plan requirement
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b. The essential contribution requirement b. The essential contribution requirement
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2. Indirect co-perpetration 2. Indirect co-perpetration
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3. Conclusion 3. Conclusion
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F. Conclusion F. Conclusion
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II. Grounds Excluding Responsibility and Mitigating Punishment II. Grounds Excluding Responsibility and Mitigating Punishment
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A. The Narrative Salience of Different Types of Defences A. The Narrative Salience of Different Types of Defences
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B. Situational Pressures Within Mass Atrocity Contexts B. Situational Pressures Within Mass Atrocity Contexts
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C. Defences in Practice C. Defences in Practice
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1. Coercion 1. Coercion
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a. Duress as a ground for excluding responsibility a. Duress as a ground for excluding responsibility
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b. Coercion-based mitigating factors b. Coercion-based mitigating factors
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2. Cognition 2. Cognition
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D. Conclusion D. Conclusion
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III. Conclusion III. Conclusion
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Cite
Abstract
This chapter examines categories of culpability recognised by international criminal courts for attributing criminal responsibility for system crimes to individuals in different institutional contexts: first, modes of participation doctrines, by which international criminal courts connect individuals to the commission of crimes; and second, grounds for excluding responsibility and desert-based mitigating factors, by which international criminal courts exclude the responsibility or mitigate the punishment of individuals in light of the situational pressures of their social contexts. Critically examining these categories, the chapter reveals a tendency on the part of international criminal courts to selectively contextualise the behaviour of the defendants on trial for the purpose of determining their culpability—demonstrating greater concern for identifying links between individuals and system crimes than attempting to understand how individuals may be acculturated into violence by situational pressures stemming from the collective and systemic dimensions of the mass atrocity contexts in which they operated.
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