RESPONSIBILITY OF PRIVATE INDIVIDUALS FOR COMPLICITY IN A WAR OF AGGRESSION

• 成果类型: Article
• 署名作者: Hajdin, Nikola R.
• 署名单位: University of Oxford
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/ajil.2022.50
• 发表日期: 2022
• 页码: 788-797
• 关键词: crime

摘要

The crime of aggression requires that the perpetrator be in a position effectively to exercise control over-or to direct-the political or military action of a state. This requirement, called the leadership clause, has led to the view that private individuals are excluded from criminal responsibility because they lack the necessary authority over the state policy. In this Essay, I argue against this dominant view and outline an analytical framework for criminal complicity in a war of aggression.