III Imputation and General Structure of Crime in International Criminal Law

Abstract

This chapter explains the general part (GP) and special part (SP) of the criminal law, which encompasses the general rules of attribution or imputation and the relevant international crimes. It applies these concepts to International Criminal Law, especially adjusting the rules of imputation and individual responsibility to the peculiar features of the commission of crimes in a macrocriminal, collective contextIt also recounts how international criminal law had been applied with only a rudimentary system for the imputation of criminal responsibility, largely undertheorized as compared to national criminal justice systems. In fact, the chapter shows how little room was given to criminal law or even doctrinal considerations during the negotiations on ICL instruments, especially the Rome Statute of the ICC. Thus, the ICL-making process appears as largely unprincipled, policy driven, and pragmatic. It is argued however, that applied ICL is ultimately criminal law and thus must be guided by its liberal principles, especially legality, culpability and fairness.