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commission. 344 This theory of liability has also been reflected in the statutes of internationalcriminal tribunals. 34518.23.4.1 Aiding and Abetting as a Principle of State Responsibility. Theprinciple of aiding and abetting is also reflected in principles of State responsibility. 346 As withthe principle of aiding and abetting when applied to individuals, the aid or assistance must begiven with a view to facilitating the commission of the wrongful act, and must actually do so, inorder for the State giving the aid to incur liability. 34718.23.4.2 Aiding and Abetting Certain Conduct as a Distinct Offense Instead of aMode of Liability for an Offense. In some cases, aiding certain conduct is a distinct offense asopposed to a mode of liability for an offense. These cases reflect circumstances in which (or ajudgment that) there is a duty to refrain from aiding that conduct. 348which if directly performed by him or another would be an offense against the United States, is punishable as aprincipal.”).343 10 U.S.C. § 877 (“Principals. Any person punishable under this chapter who- (1) commits an offense punishableby this chapter, or aids, abets, counsels, commands, or procures its commission; or (2) causes an act to be donewhich if directly performed by him would be punishable by this chapter; is a principal.”).344 10 U.S.C § 950q (“Any person punishable under this chapter who—(1) commits an offense punishable by thischapter, or aids, abets, counsels, commands, or procures its commission; (2) causes an act to be done which ifdirectly performed by him would be punishable by this chapter;”).345 ICTY STATUTE art. 7(1) (“A person who planned, instigated, ordered, committed or otherwise aided and abettedin the planning, preparation or execution of a crime referred to in articles 2 to 5 of the present Statute, shall beindividually responsible for the crime.”); ICTR STATUTE art. 6(1) (“A person who planned, instigated, ordered,committed or otherwise aided and abetted in the planning, preparation or execution of a crime referred to in articles2 to 4 of the present Statute, shall be individually responsible for the crime.”); ROME STATUTE art. 25 (“Inaccordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime withinthe jurisdiction of the Court if that person: … [3(c)] For the purpose of facilitating the commission of such a crime,aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for itscommission;”).346 U.N. International Law Commission, Draft articles on Responsibility of States for Internationally Wrongful Acts,with commentaries, art. 16 (2001) (“A State which aids or assists another State in the commission of aninternationally wrongful act by the latter is internationally responsible for doing so if: (a) that State does so withknowledge of the circumstances of the internationally wrongful act; and (b) the act would be internationallywrongful if committed by that State.”).347 U.N. International Law Commission, Draft articles on Responsibility of States for Internationally Wrongful Acts,with commentaries, 66 (2001) (“The second requirement is that the aid or assistance must be given with a view tofacilitating the commission of the wrongful act, and must actually do so. This limits the application of article 16 tothose cases where the aid or assistance given is clearly linked to the subsequent wrongful conduct. A State is notresponsible for aid or assistance under article 16 unless the relevant State organ intended, by the aid or assistancegiven, to facilitate the occurrence of the wrongful conduct and the internationally wrongful conduct is actuallycommitted by the aided or assisted State. There is no requirement that the aid or assistance should have beenessential to the performance of the internationally wrongful act; it is sufficient if it contributed significantly to thatact.”).348 See, e.g.,10 U.S.C. § 904 (making punishable “aiding the enemy”); 10 U.S.C. § 950t(25) (making punishable bymilitary commission “providing material support to terrorism”); 10 U.S.C. § 950t(26) (making punishable bymilitary commission “wrongfully aiding the enemy”); 18 U.S.C. § 2339A (making punishable “[p]roviding material1125