CHAPTER 1
General Explanations

10. Several Persons Committing an act to cause Hurt or which is likely to cause Hurt

Where an offence is committed by more than one person with the intention to cause hurt to a person or where it is known that such act is likely to cause hurt to a person, each of them shall be guilty of that offence.

CHAPTER 1
General Explanations

11. Offence Constituting Several Acts by Several Persons

Where an offence is committed by several acts committed by several persons, each of them who committed that act or a part of it with the intention to commit that act shall be guilty of that offence. However where several persons are involved, in the commission of the act in different degrees, the Judge shall have the discretion to vary their punishment based upon the extent of their involvement.

CHAPTER 1
General Explanations

12. Abetment in an offence

“Abetment” in an offence occurs when there is :

a. Advising or instigating in any manner to commit an offence or referring directly or indirectly to any such act ;
b. Conspiring to commit an offence and committing an act for the purpose of taking part in the commission of an offence ;
c. Aiding in any manner in the commission of an offence.

13. Aiding in the Commission of an Offence

A person shall be guilty in respect of “aiding” in the commission of an offence where he takes part in the conspiracy to commit that offence or where having knowledge of the design to commit that offence facilitates or does an act that facilitates its commission.

14. Commission of an Offence in the presence of Person who Aids or Abets

Where an offence is committed in the presence of an offender mentioned in section 12 and section 13 and does not commit an act that constitutes that offence or does not commit an act that facilitates escape of the offender, he shall be guilty under section 12 and section 13. And where he commits an act that constitutes that offence or an act that facilitates escape of the offenders, he shall be deemed to have committed that offence himself.

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.