Modes of Liability and the “Fragmentation” of International Criminal Law

This project studies the “fragmentation” of the international criminal law on modes of liability: i.e. the process where notions like co-perpetration, command responsibility, etc. are sometimes subjected to conflicting interpretations by the various international criminal courts (“horizontal fragmentation’) and by domestic courts trying international crimes (“vertical fragmentation”). The descriptive element of identifying such instances of fragmentation is further complemented by a normative research on whether such processes should be avoided and how.

Researcher:

Key publication(s):

  • L. Yanev, Theories of Co-Perpetration in International Criminal Law (Leiden: Brill / Nijhoff, 2018).
  • L. Yanev, ‘The Theory of Joint Criminal Enterprise at the ECCC: A Difficult Relationship’, in S. Meisenberg and I. Stegmiller (eds.), The Extraordinary Chambers in the Courts of Cambodia: Assessing Their Contribution to International Criminal Law, (The Hague: T.M.C. Asser Press, 2016): 203-254.
  • L. Yanev, ‘On Common Plans and Excess Crimes: Fragmenting the Notion of Co-Perpetration in International Criminal Law’, 31 Leiden Journal of International Law (2018): 693-718.
  • L. Yanev & T. Kooijmans, ‘Divided Minds in the Lubanga Trial Judgment: A Case against the Joint Control Theory’, 13 International Criminal Law Review (2013): 789-828.
  • L. Yanev, ‘Co-Perpetration Responsibility in the Kosovo Specialist Chambers: Staying on the Beaten Path?’, 14 Journal of International Criminal Justice (2016): 101-121;