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Complicity in International Criminal Law
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Table of Contents

1. Introduction 2. Origins of Complicity: The Domestic Law Intake Introduction I. The Comparative Method in International Criminal Law II. Complicity in Domestic Law III. Lessons Learned from Comparative Studies Conclusion 3. The Evolution of Complicity as a Construction for Dealing with Collective Criminality Introduction I. Conspiracy versus Complicity at Nuremberg and Tokyo II. Domestic Law versus International Law during the Subsequent Trials III. Defining the Contours of Complicity: The ILC's Contribution IV. Historical Trends 4. Complicity in the Jurisprudence of the Ad Hoc Tribunals and Hybrid Courts Introduction I. Forms of Participation in the Statutes of the Ad Hoc Tribunals and Hybrid Courts II. Problems with Building a Coherent Account of Complicity Conclusion 5. Complicity and the Hierarchy of the Participation Modes at the International Criminal Court Introduction I. Modes of Participation at the ICC II. Hierarchy of the Participation Modes Conclusion 6. Complicity in International Criminal Law and Law of State Responsibility: A Comparative Analysis Introduction I. Complicity in the Law of State Responsibility II. Comparative Analysis of Complicity in International Criminal Law and the Law of State Responsibility III. Treatment of Complicity in Two Areas of Law: Common Trends and Divergences Conclusion 7. The Correlation between Complicity and Sentencing Introduction I. The Correlation between Complicity and Sentencing II. Sentencing Objectives at the Crossroads: Domestic and International Law III. Embracing Judicial Sentencing Discretion in International Criminal Law Conclusion 8. Conclusion: The Place of Complicity in International Criminal Law Introduction I. The Limitations of International Criminal Law II. Symbolism as an Overarching Aim III. Improving the Current Practices of Attaching Liability for Complicity

About the Author

Marina Aksenova is Postdoctoral research fellow at iCourts, Centre for Excellence for International Courts, University of Copenhagen.

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