Modes of liability, such as ordering, instigation, superior responsibility and joint criminal liability, are arguably the most discussed topics in modern international criminal justice. In recent years, a wide range of scholars have rebuked some of these modes of liability for compromising basic...

The Military Commissions Act codifies a wide range of provisions that are inconsistent with binding international humanitarian law standards. In spite of the Act's title, these inconsistencies go well beyond the rules and procedures governing the trail of terrorist suspects before military...

Although criticism of US-led detention at Guantaacute;namo Bay has been extensive, little attention has been placed on evaluating the implications of international humanitarian law standards as applied in international criminal law. This paper concludes that there is a striking resemblance...

Complicity is responsibility for helping. This essay provides a comparative overview of the criminal law and theory pertaining to complicity. Instead of taking a strong prescriptive position on the best way to construct accomplice liability, it charts a series of recurrent normative problems in...

These remarks, delivered on April 9, 2015 at the American Society of International Law’s Annual Conference, address the context of complicity discussions in public international law generally then their significance and scope in Business and Human Rights in particular. The Panel on which I...