The End of “Modes of Liability” for International Crimes

Leiden Journal of International Law (2011) (peer reviewed) , 74 pages.

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This article presents a theoretical criticism of the international law of complicity and the domestic criminal principles upon which it is based. It argues for a unitary theory of perpetration, ending the long-endured fixation on modes of liability within the discipline. On this account, complicity becomes a subset of a more capacious notion of perpetration along with all other forms of responsibility. The Appeals Chambers of the Special Court for Sierra Leone and the International Criminal Court have both cited the article in judgements.

For criticisms and responses to this article on Opinio Juris, see:

For the sequel to this article, which plots the history of the unitary theory of perpetration in five different countries, see: