Practice Relating to Rule 151. Individual Responsibility
Section A. Individual criminal responsibility
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) states:
First: A person who commits a crime within the jurisdiction of this Tribunal shall be individually responsible and liable for punishment in accordance with this Law.
Second: In accordance with this Law, and the provisions of the Penal Code, a person shall be criminally responsible if he [or she]:
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 has occurred or has been attempted;
C. For the purpose of facilitating the commission of such a crime, aids, abets or by any other means assists in its commission or its attempted commission, including providing the means for its commission;
D. Contributing by any other means, together with a group of persons with a common criminal intent, to the commission or attempted commission of such a crime provided such contribution is intentional and is either:
1. 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 Tribunal;
2. Made with the knowledge of the intention of the group to commit the crime;
F. Attempts to commit such a crime by taking action with the intention of committing it, but the crime does not occur because of circumstances independent of the person’s intentions. However, a person who takes an action that precludes the commission or completion of the crime shall not be liable for punishment, nor will he be liable for punishment under this Law if he completely and voluntarily abandons his criminal purpose.