CHAPTER IV—PARTIES TO AND PERSONS INCITING TO COMMIT OFFENCES.
19. Principal offenders.
(1) When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence and may be charged with actually committing it—
(a) every person who actually does the act or makes the omission which constitutes the offence;
(b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;
(c) every person who aids or abets another person in committing the offence.
(2) Any person who procures another to do or omit to do any act of such a nature that if he or she had done the act or made the omission the act or omission would have constituted an offence on his or her part, is guilty of an offence of the same kind and is liable to the same punishment as if he or she had done the act or made the omission; and he or she may be charged with doing the act or making the omission.
20. Joint offenders in prosecution of common purpose.
When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of that purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of that purpose, each of them is deemed to have committed the offence.
21. Incitement to commit an offence.
(1) When a person incites any other person to commit an offence punishable with death, whether or not any offence is committed in consequence of the incitement, and no express provision is made by this Code or any other law for the punishment of that incitement, he or she is liable to imprisonment for ten years.
(2) When a person incites any other person to commit an offence punishable other than by death, whether or not any offence is committed in consequence of the incitement, and no express provision is made by this Code or any other law for the punishment of the incitement, he or she is liable to a term of imprisonment not exceeding one-fourth of the term of imprisonment provided for the offence which he or she incited the other person to commit or when the offence is punishable by a fine only by such fine as is provided for the offence or when the offence is punishable by both a fine and imprisonment by both one-fourth of the imprisonment provided for and the fine.
(3) Notwithstanding subsection (2), if the person who incites the commission of an offence under that subsection is a public servant whose duty it is to prevent the commission of that offence, he or she is liable to a term of imprisonment not exceeding one-half of the term of imprisonment provided for the offence which he or she incited the other person to commit or when the offence is punishable by a fine only by such fine as is provided for the offence or when the offence is punishable by both a fine and imprisonment by both one-half of the imprisonment provided for and the fine.
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(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 in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be 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 Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.