Any other contribution? Ascribing liability to cover-ups of international crimes

Kearney, Michael G (2013) Any other contribution? Ascribing liability to cover-ups of international crimes. Criminal Law Forum, 24 (3). pp. 331-370. ISSN 1046-8374

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As the International Criminal Court continues to develop the parameters of the various modes of liability set out in article 25.3 of the Rome Statute, recent developments raise questions as to whether the Court can consider participation in cover-ups or concealment of crimes as giving rise to individual criminal responsibility. It is only recently that international tribunals, and notably the International Criminal Tribunal for the Former Yugoslavia, have turned to consider how international criminal law approaches responsibility for cover-ups or concealment of crimes. In reviewing how and why the ICTY has addressed individual criminal liability for engaging in cover-ups, and in light of the ICC’s Mbarushimana decision, the aim of this paper is to suggest how the ICC might consider such issues in future cases. Having demonstrated the necessity of international criminal law accounting for cover-ups, the paper will discuss how the jurisprudence, in toto, excludes the possibility of holding to account individuals who contribute to the cover up of international crimes, by whatever means, or however grave, unless they were acting on the premise of a prior agreement with the principals. By way of conclusion the paper will suggest that an expansive interpretation of article 25.3.d of the Rome Statute may provide a means of addressing this gap.

Item Type: Article
Keywords: modes of liability, ICC, criminal law, cover up, concealment, Mbarushimana, ICTY, aiding, abetting, contribution
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > KZA Law of the Sea
Depositing User: Michael Kearney
Date Deposited: 18 Mar 2013 10:29
Last Modified: 02 Jul 2019 22:31

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