PART I If you are reading about how to prove responsibility for crimes you will likely see the phrases, “mode of liability” or “form of participation”. These phrases are just the legal way of asking, “How did a perpetrator participate in the commission of a crime?” Or, “What was their role in the crime?” Below is a summary of “How” perpetrators can commit crimes. LEGAL WORDS FOR “HOW” NON-LEGAL DEFINITION EXAMPLES Individual perpetration A person commits the crime with their own hands. A perpetrator who pulls the trigger of a gun and summarily executes a civilian. Co-perpetration, Conspiracy or Joint criminal enterprise Two or more people commit a crime by planning, organizing or directing it, even if they do not directly participate in the execution of the crime. A group of military officers all taking part in the physical torture of a prisoner. OR Five people sitting around a table agreeing to rob a bank and planning how to do so. Aiding and abetting An individual helps the person who commits the crime with their own hands in a way that substantially contributes to the commission of the crime. A person who provides items such as vehicles to get the perpetrators to the crime scene, weapons to commit the crime, or money to finance the planning and commission of the crime. Instigation or Incitement Prompting, urging, encouraging or inducing someone to commit a crime. A leader that gives a speech at a rally encouraging listeners to pick up weapons and kill their neighbors. Ordering When someone in a position of authority instructs another person to commit a crime. A leader’s written instructions to their troops ordering troops to torture and execute anyone suspected of being an enemy. Command or Superior responsibility When a person in a position of authority knew, or should have known, that the people they had authority over were committing crimes and then failed to stop those persons. A military commander who knows the troops he controls are torturing and killing civilians and does nothing to stop them. 115 VIDEO AS EVIDENCE: PROVING RESPONSIBILITY V 1.0 FILMING THE LAW: HOW CAN A PERSON PARTICIPATE IN THE COMMISSION OF A CRIME?