Modes of Participation in Mass Atrocity

In this essay in the Symposium on Milosevic \u26 Hussein on Trial, the author addresses the choice between command responsibility \u26 participation in a joint criminal enterprise in mass atrocity to argue that the International Criminal Tribunal on the former Yugoslavia (ICTY) makes liability under command responsibility too difficult to prosecute. Analysis of the incentives of prosecutors \u26 the limitations of the binary character of liability delineates the difficulties of linking perpetrators \u26 accessories. The US posture toward enterprise participation is discussed in terms of national versus international prosecutors \u26 superior responsibility. A discussion of the domestic politics of international justice, modes of criminal participation, complicity, \u26 amnesty supports the concluding argument that national prosecution should be limited to top chieftains to avoid the creation of incentives, \u26 the obstruction of political transition. J. Harwel