국제형사재판소(ICC)규정 제25조 제3항에서의 공범의 개념

The Concept of Accessory in Article 25(3) of the ICC Statute

As in international criminal law and any national penal law system, individual criminal responsibility arises not only when a person materially commits a crime, but also when he or she engages in other forms of criminal conduct. Individual criminal responsibility under international criminal law extends beyond commission or personal perpetration. It encompasses a number of other modes of liability. International criminal law also covers a limited number of inchoate crimes. Article 25(3)(a) to (d) address modes of criminal participation and Subparagraphs (e) and (f) deal with incitement to genocide and with attempt and abandonment. Article 25(3)(a) to (d) are certainly the core of Article 25. Commission, ordering, instigating and aiding and abetting are confirmed as modes of participation. The same holds true for joint commission, although this form was never explicitly mentioned in former Statutes or Conventions. In addition, the ICC Statute also includes the concept of perpetration-by-means and contributions to a group crime. Article 25(3)(a) to (d) affirms existing modes of participation in international criminal law, while cautiously rephrasing and supplementing them. Article 25(3)(a) to (d) is therefore best construed as a differentiated model with four participation: on the first level, commission as the modes of participation; on the second level, the different forms of instigation and ordering as accessory liability; on the third level, assisting a crime for simple accessories; and on the forth level, contribution to a group crime, as the weakest mode of participation. This article provides concept and form of the accessory in Article 25(3)(a) to (d) ICC Statute and inchoate crimes in Article 25(3)(e) to (f) of the ICC Statute.