A Comparative Study on Conspiracy in International Criminal Courts

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MOUSAVI SEYED MOSTAFA; SOBHANI MAHIN; JANIPOUR MOJTABA

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Journal Paper

Paper Information

Journal: PAZHOUHESH NAME HOGHOUGH E KEYFARI Year:2019 | Volume:10 | Issue:1 (19) Page(s): 81-104

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Information Journal Paper

Title

A Comparative Study on Conspiracy in International Criminal Courts

Author(s)

MOUSAVI SEYED MOSTAFA | SOBHANI MAHIN | JANIPOUR MOJTABA | Issue Writer Certificate

Keywords

ConspiracyQ1

Joint Criminal EnterpriseQ1

Inchoate CrimeQ1

Modes of ParticipationQ1

Crimes against PeaceQ1

GenocideQ2

Abstract

M. A in Criminal Law & Criminology at University of Guilan According to the nature of international crimes which are often committed because of the Conspiracy between two or more persons, there is much more need to criminalize Conspiracy for international crimes than for ordinary crimes. Although there was the Conspiracy in the Nuremburg and Tokyo Charters in general, it has been limited to Genocide in ICTY and ICTR Statutes and finally, it was removed from the ICC Statute. Exploring the statutes and jurisprudence of the international criminal courts shows that there are two different kinds of Conspiracy: Conspiracy as an Inchoate Crime, and Conspiracy as a mode of participation. Even though by introducing various modes of collective responsibility in Art. 25(3) of the statute of the ICC, it is not necessary to express Conspiracy as a mode of participation in the ICC, there also remains the necessity of criminalizing Conspiracy as an Inchoate Crime in the ICC.

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APA: Copy

MOUSAVI, SEYED MOSTAFA, SOBHANI, MAHIN, & JANIPOUR, MOJTABA. (2019). A Comparative Study on Conspiracy in International Criminal Courts. PAZHOUHESH NAME HOGHOUGH E KEYFARI, 10(1 (19) ), 81-104. SID. https://sid.ir/paper/404414/en

Vancouver: Copy

MOUSAVI SEYED MOSTAFA, SOBHANI MAHIN, JANIPOUR MOJTABA. A Comparative Study on Conspiracy in International Criminal Courts. PAZHOUHESH NAME HOGHOUGH E KEYFARI[Internet]. 2019;10(1 (19) ):81-104. Available from: https://sid.ir/paper/404414/en

IEEE: Copy

SEYED MOSTAFA MOUSAVI, MAHIN SOBHANI, and MOJTABA JANIPOUR, “A Comparative Study on Conspiracy in International Criminal Courts,” PAZHOUHESH NAME HOGHOUGH E KEYFARI, vol. 10, no. 1 (19) , pp. 81–104, 2019, [Online]. Available: https://sid.ir/paper/404414/en

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