The question when does a State’s provision of assistance to foreign armies or armed groups cross the line from legitimate foreign policy to criminal aiding and abetting of those who use the aid to commit international crimes presents one of the most difficult dilemmas in criminal justice, one that has deep normative implications and has provoked sharp splits among international tribunals. Whether such military aid should be viewed from the realm of individual criminal responsibility and/or the one of state responsibility continues to be challenged in the world of international law.
|
