Prompting the Crime, Assisting in Crime and Other Forms of Contribution to its Commission

The law and practice distinguish many terms that may describe the conduct of a person who somehow contributed to the crime’s commission, but did not commit it personally. Some of these terms (such as orderOrder, solicitSolicit, incite, instigate, induceInduce or urge) are intrinsically linked to the category of prompting crime’s commission, whereas others (like aid, abet, assist, and further) are tied with facilitating the commission of the crime. The multiplicity of normative labels rarely serves the clarity and intuitive application of law. Unfortunately, the forms of responsibility set out in Article 25(3) (b–d), (f) constitute a prime example of this truth. In these provisions it is possible to identify the phrases and notions we have already known for years (such as direct and public incitement to commit genocide, or aiding and abetting), but also some regulations that do not have any one-to-one equivalent or predecessor in the written sources of international criminal law. This Chapter aims to thoroughly discuss the forms of criminal responsibility associated with prompting the crime’s commission, assisting in the crime’s commission and contributing to the crime committed by the group. Not only does this Chapter summarise the existing ICC practice, but it also proposes a consolidated model of interpretation of Article 25(3) of the Statute which shows that as the forms of participation that do not amount to the crime’s commission are concerned, this provision is neither superfluous nor as inconsistent as it might seem.