PART I—GENERAL PROVISIONS

CHAPTER 2—GENERAL EXPLANATIONS

Section 13—Provisions Relating to Causing an Event.

(1) If a person intentionally or negligently causes any involuntary agent to cause an event, that person shall be deemed to have caused the event. "Involuntary agent" means any animal or other thing, and also any person who is exempted from liability to punishment for causing the event, by reason of infancy, or insanity, or otherwise, under the provisions of this Code.

(2) If an event is caused by acts of several persons acting either jointly or independently, each of those persons who has intentionally or negligently contributed to cause the event shall, subject to the provisions of the next subsection, and to the provisions of this Part with respect to abetment, be deemed to have caused the event; but any matter of exemption, justification, extenuation, or aggravation which exists in the case of any one of those persons shall have effect in his case, whether it exists or not in the case of any of the other persons.

(3) A person shall not be convicted of having intentionally or negligently caused an event if, notwithstanding his act and the acts of any person acting jointly with him, the event would not have happened but for the existence of some state of facts or the intervention of some other event or of some other person, the probability of the existence or intervention of which other event or person the accused person did not take into consideration, and had no reason to take into consideration. The provision shall not apply where a person is charged with having caused an event by an omission to perform a duty for averting the event.

(4) If a person beyond the jurisdiction of the Courts causes any voluntary agent to cause an event within the jurisdiction, he shall be deemed to have caused the event within the jurisdiction.

(5) Subject to the provisions of this section, and to the special provisions of any particular section of this Code, it is a question of fact whether an event is fairly and reasonably to be ascribed to a person's act as having been caused thereby.

(6) A person shall not, by reason of anything in this section, be relieved from any liability in respect of an attempt to cause an event; and a person shall not, by reason of anything in this section, be relieved from any liability in respect of negligent conduct, if such negligent conduct is punishable under this Code irrespectively of whether it actually causes any event.

PART I—GENERAL PROVISIONS

CHAPTER 3—ATTEMPTS TO COMMIT CRIMES

Section 18—Provisions Relating to Attempts to Commit Crimes.

(1) A person who attempts to commit a crime by any means shall not be acquitted on the ground that, by reason of the imperfection or other condition of the means, or by reason of the circumstances under which they are used, or by reason of any circumstances affecting the person against whom, or the thing in respect of which the crime is intended to be committed or by reason of the absence of that person or thing, the crime could not be committed to his intent.

(2) Every person who attempts to commit a crime shall, be deemed guilty of an attempt, and shall, except as in this Code otherwise expressly provided, be punishable in the same manner as if the crime had been completed.

(3) Where any act amounts to a complete crime, as defined by any provision of this Code, and is also an attempt to commit some other crime, a person who is guilty of it shall be shall be liable to be convicted and punished either under such provision or under this section.

(4) Any provision of this Code with respect to intent, exemption, justification, or extenuation, or any other matter in the case of any act, shall apply with the necessary modifications to the case of an attempt to do that act.

PART I—GENERAL PROVISIONS

CHAPTER 3—ATTEMPTS TO COMMIT CRIMES

Section 19—Preparation for Committing Certain Crimes.

Every person who prepares or supplies, or has in his possession, custody, or control, or in the possession, custody or control of any other person on his behalf, any instruments, materials, or means, with the intent that the instruments, materials, or means, may be used by him, or by any other person, in committing any crime by which life is likely to be endangered, or any forgery, or any felony shall be liable to punishment in like manner as if he had attempted to commit that crime.

PART I—GENERAL PROVISIONS

CHAPTER 4—ABETMENT AND CONSPIRACY

Section 20—Abetment of Crime and Trial and Punishment of Abettor.

(1) Every person who, directly or indirectly, instigates, commands, counsels, procures, solicits, or in any manner purposely aids, facilitates, encourages, or promotes, whether by his act or presence or otherwise, and every person who does any act for the purpose of aiding, facilitating, encouraging or promoting the commission of a crime by any other person, whether known or unknown, certain or uncertain, is guilty of abetting that crime, and of abetting the other person in respect of that crime.

PART I—GENERAL PROVISIONS

CHAPTER 4—ABETMENT AND CONSPIRACY

Section 20—Abetment of Crime and Trial and Punishment of Abettor.

(2) Every person who abets a crime shall, if the crime is actually committed in pursuance or during the continuance of the abetment, be deemed guilty of that crime.

(3) Every person who abets a crime shall, if the crime is not actually committed, be punishable as follows, that is to say—

(a) where the crime abetted was punishable by death the abettor shall be liable to imprisonment for life ; and
(b) in any other case the abettor shall be punishable in the same manner as if the crime had been actually committed in pursuance of the abetment.

(4) An abettor may be tried before, with, or after a person abetted, and although the person abetted is dead or is otherwise not amenable to justice.

(5) An abettor may be tried before, with, or after any other abettor, whether he and such other abettor abetted each other in respect of the crime or not, and whether they abetted the same or different parts of the crime.

(6) An abettor shall have the benefit of any matter of exemption, justification, or extenuation to which he is entitled under this Code, notwithstanding that the person abetted or any other abettor is not entitled to the like benefit.

(7) Every person who, within the jurisdiction of the Courts, abets the doing beyond the jurisdiction of an act which, if done within the jurisdiction, would be a crime, shall be punishable as if he had abetted that crime.

PART I—GENERAL PROVISIONS

CHAPTER 4—ABETMENT AND CONSPIRACY

Section 21—Cases where One Crime is Abetted and a Different Crime is Committed.

(1) Where a person abets a particular crime, or abets a crime against or in respect of a particular person or thing and the person abetted actually commits a different crime, or commits the crime against or in respect of a different person or thing, or in a manner different from that which was intended by the abettor, the following provisions shall have effect—

(a) if it appears that the crime actually committed was not a probable consequence of the endeavour to commit, nor was substantially the same as the crime which the abettor intended to abet, nor was within the scope of the abetment, the abettor shall be punishable for his abetment of the crime which he intended to abet in the manner provided by this Chapter with respect to the abetment of crimes which are not actually committed ; and
(b) in any other case, the abettor shall be deemed to have abetted the crime which was actually committed, and shall be liable to punishment accordingly.

PART I—GENERAL PROVISIONS

CHAPTER 4—ABETMENT AND CONSPIRACY

Section 23—Conspiracy.

(1) If two or more persons agree or act together with a common purpose for or in committing or abetting a crime, whether with or without any previous concert or deliberation, each of them is guilty of conspiracy to commit or abet that crime, as the case may be.

(2) A person within the jurisdiction of the Courts, can be guilty of conspiracy by agreeing with another person who is beyond the jurisdiction, for the commission of abetment of any crime to be committed by them or either of them, or by any other person, either within or beyond the jurisdiction; and for the purposes of this subsection as to a crime to be committed beyond the jurisdiction, 'crime' means any act which, if done within the jurisdiction, would be a crime under this Code or under any other enactment.

PART I—GENERAL PROVISIONS

CHAPTER 4—ABETMENT AND CONSPIRACY

Section 24—Punishment for Conspiracy.

(1) If two or more persons are guilty of conspiracy for the commission or abetment of any crime, each of them shall, in case the crime is committed, be punished for that crime, or shall, in case the crime is not committed, be punished as if he had abetted that crime.

(2) Any Court having jurisdiction to try a person for a crime shall have jurisdiction to try a person or persons charged with conspiracy to commit or abet that crime.

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.