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The Crime of Conspiracy in International Criminal Law (Hardcover, 2014)
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The Crime of Conspiracy in International Criminal Law (Hardcover, 2014)
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This book looks at the relevance of conspiracy in international
criminal law. It establishes that conspiracy was introduced into
international criminal law for purposes of prevention and to combat
the collective nature of participation in commission of
international crimes. Its use as a tool of accountability has,
however, been affected by conflicting conceptual perceptions of
conspiracy from common law and civil law countries. This conflict
is displayed in the decisions on conspiracy by the international
criminal tribunals, and finally culminates into the exclusion of
punishment of conspiracy in the Rome Statute. It is questionable
whether this latest development on the law of conspiracy was a
prudent decision. While the function of conspiracy as a mode of
liability is satisfactorily covered by the modes of participation
in the Rome Statute, its function as a purely inchoate crime used
to punish incomplete crimes is missing. This book creates a case
for inclusion in the Rome Statute, punishment of conspiracies
involving international crimes that do not extend beyond the
conceptual stage, to reinforce the Statute s purpose of prevention.
The conspiracy concept proposed is one that reflects the
characteristics acceptable under both common law and civil law
systems."
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