Responsibility of Private Individuals for Complicity in a War of Aggression

Journal article

AbstractThe crime of aggression requires that the perpetrator be in a position effectively to exercise control over—or to direct—the political or military action of a state. This requirement, called the “leadership clause,” has led to the view that private individuals are excluded from criminal responsibility because they lack the necessary authority over the state policy. In this Essay, I argue against this dominant view and outline an analytical framework for criminal complicity in a war of aggression.

Authors: Hajdin, NR

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Cambridge University Press
• Journal: American Journal of International Law
• Volume: 116
• Issue: 4
• Pages: 788-797
• Publication date: 2022-10-27
• DOI: 10.1017/ajil.2022.50
• EISSN: 2161-7953
• ISSN: 0002-9300
• Language: English
• Keywords: Criminal law; Action (physics); Law; Politics; Aggression; State (computer science); Position (finance); Criminal responsibility; Complicity; Political science; Psychology; Business; Social psychology; Criminology