CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, February 19, 2014

Eldar on Indirect Co-Perpetration

Shachar Eldar (Ono Academic College Faculty of Law) has posted Indirect Co-Perpetration (Forthcoming, Criminal Law & Philosophy, 8 2014) on SSRN. Here is the abstract:

National and international criminal law systems are continually seeking doctrinal and theoretical frameworks to help them impose individual liability on collective perpetrators of crime. The two systems move in parallel and draw on each other. Historically, it has been mostly international criminal law that leaned on domestic legal systems for its collective modes of liability. Currently, however, it is the emerging jurisprudence of the ICC that is at the forefront of innovation, with the doctrine of indirect co-perpetration taking the lead in international prosecutions. The article assesses the potential contribution as well as the limits of this compound doctrine to domestic criminal law jurisprudence, particularly with regard to small-group criminality. Four modes of indirect co-perpetration are discussed, namely shared control, concerted control, controlling board, and flawed triangle perpetration. A doctrine of indirect co-perpetration would enable liability in these modes of perpetration, perhaps with the exception of the latter, which marks the limits of its applicability.

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