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Elements of Accessorial Modes of Liability


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Table of Contents

Foreword; Preface; Table of Abbreviations; Table of Instruments and Cases; Chapter One Introduction; Chapter Two Background; I Introduction; II Background to Article 25 of the Rome Statute; III Introduction to Article 25 of the Rome Statute; IV Methodology; V Conclusion Chapter Three Accessorial Act I Introduction; II Ordering; III Soliciting or Inducing; IV Aiding and Abetting; V Conclusion Chapter Four Accessorial Object I Introduction; II Introduction to Derivative Nature; III The Non-Derivative Approach; IV Two Derivative Approaches; V Conclusion Chapter Five Causation I Causation and Accessorial Liability; II Jurisprudence of Previous International Courts and Tribunals; III Requirement of a Successful Contribution; IV The Necessary Condition Test; V The Substantial Effect Test; VI Conclusion Chapter Six Mental Elements I Introduction; II Introduction to the Concept of Intent; III Introduction to Article 30; IV Exceptions to Article 30; V Conclusion Chapter Seven Proposed Mental Elements I Introduction; II Conduct Elements; III Circumstance Elements; IV Consequence Elements; V Additional Mental Element; VI Conclusion Chapter Eight Conclusion I Introduction; II Liability of the Generals for Soliciting/Inducing; III Liability of Archer for Ordering; IV Liability of Banks for Aiding and Abetting; V Conclusion Appendices; Index.

About the Author

Sarah Finnin, BA/LLB (Hons) (2006), Ph.D. (2011) in Law, University of Melbourne, is a Prosecutor with the Office of the Director of the Public Prosecutions of the Northern Territory in Alice Springs, Australia.

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