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The Nuremberg Military Tribunals and the Origins of International Criminal Law$
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Kevin Jon Heller

Print publication date: 2011

Print ISBN-13: 9780199554317

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199554317.001.0001

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Modes of Participation

Modes of Participation

Chapter:
(p.251) 11 Modes of Participation
Source:
The Nuremberg Military Tribunals and the Origins of International Criminal Law
Author(s):

Kevin Jon Heller

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199554317.003.0012

This chapter begins the discussion of the tribunals' jurisprudence concerning the modes of participation in a war crime or a crime against humanity by focusing on Article II(2)(a), (b), and (c) of Law No. 10. Section 1 examines a number of threshold issues concerning criminal responsibility, such as liability for omissions and the liability of corporations. Sections 2–4 discuss ordering, taking a consenting part, and command responsibility, respectively. Finally, Section 5 addresses two modes of participation referenced only in passing by the tribunals — perpetration by means and incitement — as well as the tribunals' rejection of attempt.

Keywords:   modes of participation, omissions, corporate liability, ordering, taking a consenting part, command responsibility, attempt, incitement, perpetration by means

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