The Curious Case of International Criminal Liability

摘要

Individual criminal responsibility (ICR) in international law is sui generis. Whilst modelled on domestic concepts of liability, ICR deviates substantially from theories of liability in municipal law. The distinctive character of criminal responsibility in international law is characterized by both intrinsic and extrinsic features. Intrinsic features go to the nature of international crimes. Extrinsic features relate to what according to Cassese is typically ‘international’: the composition of international courts and the rudimentary character of the governing law. An analysis of case law through the lens of ICR’s distinctive features reveals international criminal law's instrumental role, which in turn puts pressure on the principle of personal culpability.