Chapter III. Attempt and Participation.

Art. 20

Any person who has resolved to commit an act punishable under this Act and has clearly demonstrated this resolve by an act aimed at commission or designed as such is, if the offence has not been completed, guilty of an attempted offence.
For an attempted offence, a lower penalty may be ordered than for a completed offence. This shall, in particular, be done in cases where the attempt indicates that the offender is less dangerous and his/her resolution not as firm as that of persons who complete such offences.

If the attempt could not have led to a completion of the offence because of the interests threatened or the act itself, a penalty may be cancelled.

Art. 21

Penalty shall not be ordered on account of an attempted offence if the offender of his/her own accord abandons his/her intention to commit the offence before it has been completed, provided the commission of the offence has not been thwarted or an impediment or other fortuitous occurrence have prevented the offender's design from being achieved and the offender has, in addition, if he/she has by his/her act caused or expected a danger of completion, prevented its completion or taken measures that would have prevented it, if completion had not been thwarted for other reasons without his/her knowledge or proved impossible.

Art. 22

Any person who in word or deed provides aid in the commission of a punishable act defined in this Act, or takes, by persuasion, exhortation or otherwise a part in committing such act, shall be punished as provided for in the provision applying to the offence.

If the role of a participant in the commission of an offence is of minor nature, or if it involves the strengthening of another person's resolve already formed, if the offence has not been completed, or if the planned participation has failed, penalty may be ordered which is lower than that prescribed in the applicable provision.

In a situation defined in para. 2 and also when a person has become a participant in the commission of an offence by inadvertence penalty may be cancelled if the act comes under a penal provision providing for a penalty not heavier than [up to 1 year’;s imprisonment.]

If an offence has been completed, a person who aids the offender himself/herself or any other person in maintaining an unlawful situation created by the offence, or enjoys any profits created thereby shall be punished in accordance with the provisions of this Article subject to any other statutory provisions which may apply to his/her act.


Art. 23

An accessory shall not be subjected to penalties if he or she does in the manner stated in Art. 21 avert the offence or takes measures that would have prevented the offence if its commission had not been thwarted for other reasons without the accessory's knowledge, failed or proved impossible.

Article 25
Individual criminal responsibility
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.