Part 5 Offences under domestic law

England and Wales

55 Meaning of “ancillary offence”

(1) References in this Part to an ancillary offence under the law of England and Wales are to—
(a) aiding, abetting, counselling or procuring the commission of an offence,

Part 5 Offences under domestic law

England and Wales

55 Meaning of “ancillary offence”

(2) In subsection (1)(a) the reference to aiding, abetting, counselling or procuring is to conduct that in relation to an indictable offence would be punishable under section 8 of the Accessories and Abettors Act 1861 (c. 94).

Part 5 Offences under domestic law

Northern Ireland

62 Meaning of “ancillary offence”

(1) References in this Part to an ancillary offence under the law of Northern Ireland are to—
(a) aiding, abetting, counselling or procuring the commission of an offence,

Part 5 Offences under domestic law

Northern Ireland

62 Meaning of “ancillary offence”

(2) In subsection (1)(a) the reference to aiding, abetting, counselling or procuring is to conduct that in relation to an indictable offence would be punishable under section 8 of the Accessories and Abettors Act 1861 (c. 94).

Part 5 Offences under domestic law

Supplementary provisions

65 Responsibility of commanders and other superiors

(4) A person responsible under this section for an offence is regarded as aiding, abetting, counselling or procuring the commission of the offence.

Article 25
Individual criminal responsibility
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:
(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

This provision follows the ICC Statute.

Those found to have breached the requirements of command responsibility will be found guilty of aiding and abetting the offence.