Conspiracy to Commit War Crimes and Crimes Against Humanity Sample Clauses

Conspiracy to Commit War Crimes and Crimes Against Humanity. The London Charter contained two provisions concerning conspiracy: Article 6(a) criminalized “participation in a common plan or conspiracy” to commit a crime against peace, and the final sentence of Article 6 criminalized “participating in a common plan or conspiracy to commit any of the foregoing crimes.” Those “foregoing crimes” included both war crimes and crimes against humanity; read literally, therefore, the London Charter criminalized conspiring to commit all three of the crimes listed in Article 6 of the Charter. Despite the catch-all provision of Article 6, the IMT held that “the Charter does not define as a separate crime any conspiracy except the one to commit acts of aggressive war.” In its view, the catch-all provision did not “add a new and separate crime to those already listed,” but simply established “the responsibility of persons participating in a common plan.”1 In other words, although conspiring to commit crimes against peace was criminal in itself, conspiring to commit war crimes or crimes against humanity was simply a mode of participation in those crimes. Unlike the London Charter, Law No. 10 gave no indication that conspiring to commit war crimes or crimes against humanity was an independent crime – there was no equivalent to Article 6 in either Article II(1) or Article II(2). That absence, however, did not prevent the OCC from alleging such conspiracies in its first three multi- defendant cases: Medical, Justice, and Xxxx. In the Medical case, for example, Count 1 of the indictment was entitled “The Common Design or Conspiracy” and alleged in Paragraph 1 that “all of the defendants herein, acting pursuant to a common design, unlawfully, willfully, and knowingly did conspire and agree together and with each other and with divers other persons, to commit war crimes and crimes against humanity, as defined in Control Council Law No. 10, Article II.”2 The other two indictments contained nearly identical language.
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