saqarTvelos generaluri prokuratura

marTlmsajuleba, 2008, #34. Instigation and OrderingAnyone who orders the commission of a crime under international law or who instigates another tocommit such a crime is criminally liable under Article 25(3)(b) of the ICC Statute.According to the case law of ad hoc Tribunals, an instigator is someone who prompts another to commita crime under international law. 17 Abovementioned can also be achieved by omission. 18 The existence ofcasual link between the instigation and the commission of the crime is an important matter. It means that theinstigation has contributed to the conduct of the person committing the crime.The question about the sharing special intent in relations with instigation is very interesting. Ad hocTribunals have not clear position about the issue. According to International Criminal Court the instigatormust be acquainted with the perpetrator‚s special intent, but need not share it. Under this approach, lesserdegree of responsibility is provided for instigation than perpetration, since it is not necessary that theinstigator fulfill the mens rea of the crime.Ordering requires the existence of subordinate-relations between person giving and person receivingthe order. Person who gives the order is using his/her authority to cause another person to commit thecrime. In case of ordering there is intent for the crime to be committed, and the person who orders to commitcrime acknowledges the criminal result.5. AssistanceAnyone who aids in the commission of a crime under international law is criminally liable under Article25(3)(c) of the ICC Statute. The responsibility for the assistance is also determined by the case law of ad hocTribunals. According to case law of ad hoc Tribunals assistance should have a significant effect on thecommitment of crime.As for the ICC Article 25(3)(c) does not require that the assistance has a substantial effect on thecommission of the crime.The level of personal involvement in the criminal events and the degree of individual criminalresponsibility is determined by the mode of participation. Assistance covers acts that were not essential incausing the criminal result. Thus assistance is one of the modes of participation and it‚s provided rather lowdegree of individual criminal responsibility than commission of crime or instigating and ordering.6. Contribution to a Group CrimeArticle 25(3)(d) of the ICC Statute regulates one of the modes of criminal participation: contributing tothe commission of a crime by a group. Group means the association of at least three persons acting for thesame purpose.The wording covers any contribution to the group crime. This provision applies to indirect forms ofassistance (for example, financing the group), that do not warrant liability for either co-perpetration oraiding and abetting, as they have no substantial effect on the commission of the crime under internationallaw.17Duttwiler M., Liability for Omission in International Criminal Law, “International Criminal Law Review”, 2006,p.30.18Judgment, Kordic and Cerkez (IT-95-14/2-A), Appeals Chamber, 17 December 2004, paragraph 27.19v Judgment, Blaskic (IT-95-14-T), Trial Chamber, 3 March 2000, paragraphs 280, 339.103