Modes of Liability for International Crimes

Completed in October 2019

The most senior political and military figures in any given context are almost invariably not the people ‘pulling the trigger’. Indeed, today, many of the greatest debates and controversies in international criminal law (ICL) concern forms of responsibility for international crimes other than direct commission.

An Inconsistent Jurisprudence

Jurisprudence in the various ICL tribunals and national courts is inconsistent, both internally and across different tribunals, as illustrated by recent debates surrounding the complex notions of joint criminal enterprise – involving the participation of several individuals in a common criminal plan – or of command responsibility – when a superior is held responsible for international crimes committed by his subordinates and for failing to prevent or punish them. This has left the state of the law unclear, to the detriment of accountability and the ongoing struggle against impunity.

Clarifying the Conditions of Accountability for International Crimes

This project therefore intends to clarify the conditions of accountability for international crimes by providing a detailed assessment of the customary international law status of, in particular, the actus reus and mens rea elements of modes of liability: planning, instigating, conspiracy, direct and indirect perpetration, co-perpetration, the three forms of joint criminal enterprise, the doctrine of common purpose under the Rome Statute of the International Criminal Court (ICC), command responsibility and aiding and abetting.

The research's findings will be published in a book. This will constitute an essential reference for national courts and international tribunals, as well as ministries of justice and foreign affairs, international organizations, fact-finding missions and commissions of inquiry, United Nations human rights treaty bodies and special procedures, judges and academics.

The research is directed by Professor Robert Roth and coordinated by Jérôme de Hemptinne and involves the active participation of several leading experts in the field of ICL as well as young scholars from universities, the ICC and other international tribunals who have acquired extensive experience in this area.

NEWS

Sculpture realized to illustrate thre UDHR News

New Book Clarifies the Modes of Liability for International Crimes

30 September 2019

The book Modes of Liability in International Criminal Law, based on research undertaken under the auspices of the Geneva Academy intends to clarify the conditions of accountability for international crimes.

Read more >

Publications

Cover page of the book

Modes of Liability in International Criminal Law

July 2019

Jérôme de Hemptinne, Robert Roth, Elies van Sliedregt

Cambridge University Press

View More >

Past Events

Book Launch: Modes of Liability in International Criminal Law

29 October 2019, 18:30-20:00

Read more >

MORE ON THIS THEMATIC AREA

News

The Jean-Pictet Competition: Learning Beyond the Classroom

10 December 2024

Each year, the Geneva Academy sends a team of students to the Jean-Pictet Competition. Participating in this leading moot court is a life-changing experience and an integral part of our programmes.

Read more

ICRC Conference Booth News

Challenging Preconceptions About International Humanitarian Law

13 November 2024

At the 34th International Conference of the Red Cross and Red Crescent, we hosted a booth with Geneva Call and the Ministry of Foreign Affairs of Norway.

Read more

Warzone Event

Advanced IHL Seminar for Academics and Policymakers

25-29 August 2025, 09:00-17:30

Co-hosted with the ICRC, this event aims to enhance the capacity of academics to teach and research international humanitarian law, while also equipping policymakers with an in-depth understanding of ongoing legal debates.

Read more

Event

Strengths and Challenges of Inter-State Applications Before the European Court of Human Rights

22 May 2025, 18:30-20:00

In this Geneva Academy Talk Judge Lətif Hüseynov will discuss the challenges of inter-State cases under the ECHR, especially amid rising conflict-related applications.

Read more

A destroyed camp for internally displaced persons (IDPs) in Khor Abeche, South Darfur, Project

Understanding the Relationship between Conflict, Security and the Human Right to a Clean, Healthy and Sustainable Environment

Started in May 2023

This project will develop guidance to inform security, human rights and environmental debates on the linkages between environmental rights and conflict, and how their better management can serve as a tool in conflict prevention, resilience and early warning.

Read more

Iraq, Mosul. View of the west bank after the war. Project

IHL in Focus

Started in January 2024

As a yearly publication, it keeps decision-makers, practitioners and scholars up-to-date with the latest trends and challenges in IHL implementation in over 100 armed conflicts worldwide – both international and non-international.

Read more

Cover Page of Research Brief Publication

Navigating Pathways Toward Transitional Justice in Ukraine

published on October 2024

Robin van der Lugt, Chhime Namdol Sherpa

Read more

Cover of the 2023 Geneva Academy Annual Report Publication

Annual Report 2023

published on July 2024

Read more