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- Title
‘Complicity in Genocide’ versus ‘Aiding and Abetting Genocide’.
- Authors
Eboe-Osuji, Chile
- Abstract
The Statutes of both the ICTY and ICTR contain two notable provisions on responsibility for genocide: ‘complicity’ in genocide and ‘aiding and abetting’ genocide. The jurisprudence of the two Tribunals shows some difficulty in the appreciation of the significance of these two concepts in relation to each other. This difficulty has led some of the Judges to find a state of redundancy between the two concepts. Other Judges who have not found the two terms redundant have found themselves embroiled in a morass of legal reasoning in their effort to find a difference between the two notions and thereby give meaning to both. The common difficulty faced by the two judicial schools arises from a tendency to dwell upon the qualitative meanings of the two notions.
- Subjects
RWANDA; YUGOSLAVIA; GENOCIDE; STATUTES; INTERNATIONAL Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991; INTERNATIONAL Tribunal for Rwanda; JURISPRUDENCE; JUDGES; LEGAL reasoning
- Publication
Journal of International Criminal Justice, 2005, Vol 3, Issue 1, p56
- ISSN
1478-1387
- Publication type
Article
- DOI
10.1093/jicj/3.1.56