Liability for ordering the commission of international crimes
Accountability for violations of international humanitarian law : essays in honour of Tim McCormack
New York ; London : Routledge, 2016
Sarah Finnin's chapter is centred on ordering the commission of a crime, a well-recognised mode of liability under IHL whose elements have been developed in detail in the jurisprudence of the post-World War II military tribunals and more recently the ad hoc International Criminal Tribunals for the former Yugoslavia and Rwanda. Now that the first cases of ordering the commission of international crimes are coming before the ICC, Finnin's focus on the case of Sylvestre Mudacumura makes her chapter a timely contribution to the area of accountability for violations of IHL. Finnin engages in the elements for ordering in the 2012 decision issuing an arrest warrant and in doing so highlights the similarities and differences between the approach taken by ad hoc tribunals and the ICC's approach in Mudacumura to liability for ordering.