Document Type
Article
Disciplines
International Law
Abstract
The separate crime of conspiracy, established independently of criminal responsibility for participation in the commission ofthe substance ofthe conspiracy, was introduced by the Nuremberg Charter and has been upheld by the Genocide Convention. During the Nuremberg Trial, it was restrictively applied to the leading figures of organizational crimes and did not merge with their responsibility for the commission ofthe substance ofthe conspiracy. The Nuremberg Charter adopted this criminal concept only with regard to the crimes against peace. However, such restriction was not intentional or deliberate and the same kind of conspiratorial responsibility was in fact pursued under the rubric of the crime of criminal association in terms of all the crimes provided for by the Nuremberg Charter. Additionally, taking into account international rule-making on this issue after Nuremberg as well as the characteristics of the discussions on leadership responsibility among the present international tribunals, it seems worthwhile to consider a possible general rule on the separate crime of conspiracy applicable to all core crimes.
Recommended Citation
Sato, Hiromi, "The Separate Crime of Conspiracy and Core Crimes in International Criminal Law" (2016). Connecticut Journal of International Law. 570.
https://digitalcommons.lib.uconn.edu/cjil/570
Accessibility Requirements
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