The first was completed by UN Special Rapporteur Agnes Callimard, and the second by a Joint Investigation Team, including from Malaysia.
These concepts, originating from international customary law since the world wars, have evolved rapidly with the prevalence of rape and sexual violence in conflict by state and non-state perpetrators. It has become necessary to recognise these crimes as war crimes and crimes against humanity. The higher ups need not be involved directly in the physical commission of the crime. Direct involvement of perpetrators in an actual commission of a war crime is direct responsibility and the evolved terminology is “joint criminal enterprise”. Joint criminal enterprise creates individual responsibility.
It has become necessary for the law to reflect the political realities of war crimes and crimes against humanity and crimes perpetrated by states through its leaders.
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