Perpetrators and Accessories in International Criminal Law

International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.

I. Distinctive Features of International Crimes
2 The Origins of Individual Responsibility in International Criminal Law
3 Elements of Joint Criminal Enterprise at the ICTY
4 Variants of JCE and Other Forms of Commission at the Ad Hoc Tribunals
5 'Perpetration' at the International Criminal Court
6 The Principal in English Criminal Law Theory
7 The Principal in German Criminal Law Theory
8 A Theory of Perpetration for International Crimes
9 The Accessory in English Criminal Law Theory
10 The Accessory in German Criminal Law Theory
11 Joint Criminal Enterprise Liability for International Crimes
12 Conclusion

“This scholarly work is a classic of its kind... No pains have been spared to make this a truly definitive work on the law on the subject.” –  A.G. Noorani, Frontline, September 19, 2014

“With its detailed assessment of the relevant international criminal law cases and doctrines and its careful mining of domestic law and theory (both English and German), the strengths of this book are those of traditional doctrinal legal scholarship: it is exhaustive, principled and directed towards a clear end, in this case, a more theorised approach to assigning individual responsibility for international crimes that are committed collectively.” –  Arlie Loughnan, Current Issues in Criminal Justice vol 26 no 3 March 2015

“Jain's book is invaluable… her work serves as an excellent companion for an introduction to the subject, both for the newly initiated as well as for the expert in international criminal law… Jain presents an abundance of information while venturing a critical approach that leads her to present her own theory. [The book] is infused with interesting and cautiously articulated ideas that invite us to think critically about its core concepts - perpetration, principal-accessory distinction, the basis for high-level perpetrator liability, and the peculiarities of international crimes that have to be accommodated in a truly international criminal law.” –  Dafni Lima, The Cambridge Law Journal

“Jain has written a wonderful book - articulate, clear, exhaustively researched, challenging, timely, and above all with great potential for practical importance. Thoroughly recommended.” –  Roger A Shiner, The Law and Politics Book Review, 25(4)

“...a relevant piece of legal scholarship...a thought-provoking read for any practitioner of international criminal law.” –  Charlotte Pier, Journal of International Criminal Justice

“...Jain's book is essential reading not just for scholars and students of international criminal justice, but for anyone who cares about how domestic criminal law - in any system - treats principals and accessories.” –  Jens David Ohlin, Criminal Law and Criminal Justice Online