Plurality of criminals in international criminal law

This dissertation examines individual criminal responsibility in international criminal law. It consists of three main parts. The first chapter examines the general concept of individual criminal responsibility in international criminal law. In this context, the development of the idea of criminal responsibility, culpability in international criminal law, collective guilt and individual responsibility as well as modes of participation in crime are addressed. The second chapter discusses regulations regarding individual criminal responsibility in international criminal law until the Rome Statute. Firstly, the establishment of the International Military Courts was examined. The application of collective criminal responsibility and the approaches of the conspiracy and criminal organizations were evaluated. Then, the dissertation discusses the joint criminal enterprise (JCE) which was used by the Ad Hoc International Criminal Tribunals as a form of perpetration. The dissertation addresses the root causes of JCE, its different modes, its distinct features from participation of crime, its application in the hybrid tribunals, and its criticism. The last part of the study is devoted to the International Criminal Court (ICC), which is the only permanent international criminal court, and its founding status, the Rome Statute. In this chapter, the dissertation provides a brief overview of the ICC, its jurisdiction and admissibility criteria. Then it focuses on the relevant regulation on individual criminal liability in Art. 25 and Art. 28 of the Rome Statute. The dissertation addresses different types of liability listed in Art 25 and Art 28 of the Rome Statute by providing explanations in comparative criminal law and in the ICC decisions.