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

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

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.

This provision is wider than the ICC Statute.

An individual may be convicted if he or she counsels or procures and offence under the Rome Statute. Counselling and procuring may be similar to ordering, but will also cover conduct which does not amount to an order, but instead amounts to a less concrete form of assistance. Those found to have breached the requirements of Command Responsibility will be found guilty of counselling or procuring the offence.