Legal Literacy - This article explains the concept of individual and state responsibility in committing international crimes, which is based on the concept of international law.
Individual Accountability
A natural person or individual may be held liable if one of the following three conditions is met, namely: The individual intentionally commits, plans, assists or supports the planning, preparation of the criminal offence and is considered to be the perpetrator of the criminal offence. The individual is liable in accordance with the principle of individual responsibility for participation in a common plan to facilitate the commission of the criminal offence.
Individual criminal responsibility is a principle in international criminal law that has been consistently followed since it was affirmed by the International Military Tribunal in Nuremberg. This principle requires that perpetrators of international crimes bear personal responsibility for the international crimes they commit. Â
This also applies to international crimes committed communally or as a group, in that each individual who participates in the group crime remains individually culpable and individually accountable. The existence of this principle in international criminal law results in the invalidation of the privileges and immunities of formal office held by a head of state or other government official, so they must still be held accountable for their crimes. It is for the International Criminal Court (ICC) to exercise its jurisdiction over that person.
A person is criminally responsible and can be sentenced for a crime within the jurisdiction of the International Criminal Court (ICC) if the person:
- Committing an offence, either as an individual, jointly with another person or through another person regardless of whether that person is criminally responsible or not;
- Ordering, endeavouring or causing the commission of an offence in reality or in an attempt;
- Aiding, abetting or otherwise assisting the commission or attempted commission of an offence including providing the means for its commission.
Individual Liability Arrangements
The concept of individual responsibility is also contained in Article 6 paragraph (3) of the 1994 ICTR Statute entitled "individual criminal responsibility", and Article 7 paragraph (3) and Article 25 of the Rome Statute of the International Criminal Court in 1998. Article 25 of the 1998 Rome Statute states that: the jurisdiction of the International Criminal Court is natural persons. A suspect within the jurisdiction of the Court is individually liable and punishable under the criminal provisions of the Rome Statute.
The principle of individual responsibility is also contained in Article 6 of the Statute of the International Military Tribunal ofurnberg, where the tribunal has the authority to try and punish any person who acts in the interests of the European Axis countries, either as an individual or as a member of a group, committing crimes against peace, war crimes and crimes against humanity.
In relation to the aspect of accountability of perpetrators of gross human rights violations, the Rome Statute regulates individual criminal responsibility, the exclusion of jurisdiction over persons under 18 (eighteen) years of age, the responsibility of commanders and other superiors, the mental condition of the perpetrator so that he is considered fit to be criminally responsible. The Rome Statute as a whole is set out in Article 25(3) and (4) of the 1998 Rome Statute on Individual Criminal Responsibility and Article 28 on the Responsibility of Commanders and Other Superiors.
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