Elements of Accessorial Modes of Liability

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.

All those interested in international criminal law and international humanitarian law, including practitioners and judges of the various international criminal tribunals and the International Criminal Court.

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.