aiding and abetting war crimes

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Aiding and abetting war crimes

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As part of a series of articles on international law and the war in Yemen, Just Security recently published a piece by several legal scholars regarding the War Crimes Act and the US federal statute on aiding and abetting.

Aiding and abetting war crimes 173
Aiding and abetting war crimes Hamida Andisha. It is firmly established in the jurisprudence of the Tribunal that to satisfy the mens rea requirement for aiding and abetting, it must be shown that the aider and abettor knew that his acts or omissions assisted aiding and abetting war crimes commission of world sports betting online specific crime by the principal, and that the aider and abettor was aware of the essential elements of the crime which was ultimately committed, including the intent of the principal perpetrator. The tribunal found Rothenberger guilty of: taking a minor but consenting part in the Night and Fog program. What they had in mind is that the persons concerned must have been part of the machine doing some duty, carrying out some performance which went on directly to achieve the killing, that it had some real bearing on the killing, would not have been so effective or been done so expeditiously if that person had not contributed his willing aid. January 28, by Stuart Ford. The Appeals Chamber has applied this formulation consistently in its judgements.
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Among the atrocities detailed was the beheading of civilians. Victims' heads were often displayed at checkpoints. On one occasion a man was killed, publicly disembowelled and his intestines stretched across a road to form another checkpoint. Wearing a blue suit and red tie, Taylor showed no emotion as Lussick delivered the guilty verdict.

Taylor was found not guilty of either ordering or planning the atrocities. But Lussick said that Taylor told RUF commanders to seize and hold the diamond producing areas of Sierra Leone so that he could continue trading arms and ammunition in return for looted diamonds. He is expected to serve his sentence in a British jail once the appeal process has been completed. In the course of the trial, the British model Naomi Campbell and American actor Mia Farrow were called as witnesses as the prosecution attempted to show that Taylor was knowingly handling blood diamonds.

Prosecutors said that Taylor had sent a pouch of uncut gems to Campbell after a dinner in Pretoria in September hosted by Nelson Mandela. Campbell told the court she had no idea who had sent her the diamonds, which she called "dirty little pebbles". Prosecutor Brenda Hollis welcomed the guilty verdict as bringing "some measure of justice to the many thousands of victims who paid a terrible price for Mr Taylor's crimes.

With leadership comes not just power and authority, but also responsibility and accountability. No person, no matter how powerful, is above the law. Taylor's lead counsel, Courtenay Griffiths QC, said that the conviction was based on "tainted and corrupt evidence, and accused the international justice community of targeting African leaders excessively.

In Sierra Leone, the verdict was met with relief mingled with frustration. The foot soldiers who held the machete, the ones who raped and burnt — to the common man there is a sense of bitterness these people are walking free," said Souleymane Jabah, outside the Freetown-based court. One clarification is necessary at the outset.

In this analysis, I make no assessment of the alleged actions by the Saudi-led coalition or any reported instance of US or UK support. This post discusses the generally applicable legal framework that might apply. War crimes It is important to recall the mental state required for the commission of a war crime. I have separately posted a brief explainer of the basics of this area of law. Below the line of war crimes: There are plenty of violations of the law of armed conflict that do not amount to a criminal offence e.

What is more, attacks that result in civilian casualties, even if those casualties were expected and significant in number, are not necessarily violations of the law of armed conflict. All of these considerations go to the question of whether a Principal has committed a war crime. Our focus here is on the potential accomplice, or aider and abettor, in situations in which war crimes have been committed. And let me add a caveat: My discussion considers only government policies and practices.

I do not assess what immunities or individual liability, if any, might apply. It is important enough to focus on when government activities would involve a substantial legal risk of aiding and abetting war crimes, and, accordingly, at what point a government may need to desist in providing assistance. Notice what is missing. There is no requirement that the accomplice had the purpose or desire to facilitate the underlying offence.

In that respect, the law of aiding and abetting war crimes avoids one of the more vexing issues in the rules on State responsibility for assisting another State in internationally wrongful conduct. I want to discuss three sources coincidentally listed by the DoD Law of War Manual as support for the theory of aiding and abetting war crimes: 1 contemporary prosecutions by U. In the prosecution of Khalid Shaikh Mohammad et al.

A conscious desire or willingness to achieve the criminal result is not required. Finally, for deep insight into the negotiating history of the ICC, which supports this same conclusion, a good resource is an amicus brief by David Scheffer who was Ambassador-at-Large for War Crimes Issues and led the US delegation that negotiated the Rome Statute.

For those who believe the OLC seldom opposes administration action, this opinion stands as a strong counterexample. However, the Opinion then goes into detail explaining that this feature of aiding and abetting liability is relaxed when dealing with particularly grave crimes.

The Opinion states:. Fountain , F. Lauria, Cal. Where a person provides assistance that he or she knows will contribute directly and in an essential manner to a serious criminal act, a court readily may infer a desire to facilitate that act. It stands to reason that what the OLC Opinion specifically said about the purpose element should be given great weight when applying its framework to the war crimes context. Mitigation measures What mitigation measures might an assisting State adopt to stop short of aiding and abetting liability?

The OLC Opinion is instructive. It described the measures that the US Government could pursue to be assured that its assistance would not aid and abet the criminal actions. It is important to consider whether mitigation measures in other contexts—such as arms sales and intelligence information sharing—should include provision of training and other assistance to improve the targeting practices of the foreign recipient.

In a subsequent post, I will also outline the elements of a framework that governments—including the next US Administration—might adopt as best practices for dealing with the promise and problem of assisting foreign partners in the conduct of hostilities. Hamida Andisha.

Johnson , Karen Taylor and Muddassar Ahmed. Robinson and Edgar Chen. Corn , Chris Jenks and Timothy C. Tendayi Achiume.

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In that respect, the law of aiding and abetting war crimes avoids one of the more vexing issues in the rules on State responsibility for assisting. (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable. of the Rome Statute codifies and enumerates war crimes that the International Criminal Court has competence to prosecute. Rome Statute Article. 8(2).