Il lavoro analizza alcune delle principali problematiche poste dalla applicazione della teoria del concorso di persone nel reato ai cd. "crimini dei colletti bianchi", con particolare riferimento alla criminalità che si sviluppa all'interno di strutture organizzative complesse, così come esse emergono dall'analisi della prassi, e ha l'obiettivo di identificare - attraverso un ragionamento di tipo induttivo - le questioni teoriche ad esse sottese, la cui soluzione possa condurre a una coerente visione d'insieme dell'istituto, conforme a esigenze di garanzia e di giustizia. La ricerca ha preso avvio dalla acquisita consapevolezza del fatto che nelle grandi organizzazioni i processi decisionali coinvolgono solitamente una pluralità di funzioni interne all'impresa, l'esercizio di poteri di supervisione e il ricorso allo strumento della decisione collegiale, dando luogo a un sistema estremamente frammentato e fondato su asimmetrie informative, allocazione di competenze e affidamento. A fronte di un simile quadro - che nel lavoro viene trattato a partire dall'approfondimento di alcuni fondamentali studi sociologici e sulle organizzazioni - l'analisi condotta è volta a identificare i criteri per per la selezione dei contributi concorsuali rilevanti, sostenendo la necessità di continuare a fare riferimento (sul piano oggettivo) a un paradigma causale forte. I temi della causalità psichica, della causalità omissiva e delle cd. condotte neutrali sono parimenti fatti oggetto di analisi alla luce delle specificità del contesto organizzativo. I risultati raggiunti sul piano teorico sono quindi applicati a una selezione di casi, al fine di verificare se e in che misura essi siano in grado di condurre a soluzioni maggiormente conformi ai principi costituzionali che informano la responsabilità penale rispetto a quanto attualmente avviene nella prassi. / The study aims at analysing the major issues concerning the application of the complicity doctrine to white collar crimes committed within complex business organizations as they emerge from the praxis and at conceptually framing them, with a view to identifying - through an inductive reasoning - the main theoretical questions to be addressed to develop a consistent approach to the topic. The research starts from the acknowledgement of the fact that within big corporations, decision making processes usually entail the involvement of different corporate functions, the exercise of supervisory duties and the resort to collective decisions, resulting in an extremely fragmented system based on information asymmetry, competence allocation and trust. Against this background – which is dealt with building on the legacy of some key sociological and organizational studies – a legal analysis is conducted to identify criteria for the selection of the conducts worth punishing based on the identification of a causal contribution to the commission of the crime. Psychological influence, causation by omission, and the relevance of so called "neutral behaviours" (Alltagshandlungen) are also explored. The theoretical results of the analysis are then applied to certain selected cases to show how the elaborated framework can lead to solutions more respectful of the constitutional principles governing criminal responsibility.

Social and demographic changes have a tremendous effect on the care for older people to the effect that caring for older people might have become a rare commodity. Increased life expectancy during the past century has prolonged the period in which older people need care and has made family care giving an increasingly recurrent activity for adult children. After the demolition of the apartheid area in South Africa, most research focused on previously disadvantaged groups, namely Black and Brown people which resulted in a research gap regarding older White people. Little is known about older White people’s experiences of care in South Africa, as older White people are viewed as the minority group who were not previously disadvantaged. However, older White people’s vulnerability is increasing because poverty is currently escalating amongst older White South African people as a result of early retirement and retrenchment because of employment equity and the conversion goal of Black Economic Empowerment. The aim of this study was to explore older White people’s experiences of giving care to and receiving care from their children. A qualitative research approach with an explorative and descriptive nature was utilized for this study as the research question was aimed at understanding a subjective phenomenon. This research design allows the participants to give meaning to their own experiences. A case study design was followed during this research study in order to provide an in-depth description of older White people’s experience of care. The specific population for this study consisted of all White people older than 60 years, co-residing with their adult children and living in the Midvaal area of the Vaal Triangle, Gauteng. Data were collected through journaling and semi-structured interviews, with 10 older White people. Interviews were conducted on a one-on-one basis at the office of the researcher or at the houses of the participants. This ensured the preservation of the participants’ relationship with their children. The interviews were audio recorded and transcribed. Data were reduced through thematic data analysis and emerging themes and categories were identified. The principles and strategies for enhancing the trustworthiness of the data were done through crystallization and neutrality. The results indicated that older White people’s experience of care can be summarized by means of physical, emotional and financial care. Most of the participants in this study were still physically independent from their children and they could attend to their own physical care. Emotional care was identified by the participants as the ultimate indicator of caring and this component contributed profoundly to their psychological well-being. The financial care component highlighted that older White people’s vulnerability is increasing and that poverty is more prevalent in older White people than what is reflected in current research. / MA (Psychology), North-West University, Potchefstroom Campus, 2014

Older people often experience loneliness and depression, especially those dependent on institutional care. The loneliness can be attributed to multiple losses such as the loss of physical and cognitive abilities, the loss of relationships with familiar environments, the loss of significant others, as well as changing contact with family members and friends. The strategy commonly used by older people to deal with such feelings of loss, is to reminisce on such losses as well as on the lost or altered relationships. This strategy might result in a situation where the focus older people have on the past prevents them from recognizing the potential of relationships in their immediate environment. In order to make older people more aware of meaningful relationships in their immediate environment, the method of appreciative inquiry was used. Appreciative inquiry uses questioning as an intervention. Questions were formulated in such a way that the positive aspects of possible relationships in interpersonal environments were emphasised. The aim of the appreciative inquiry was to determine what relationship qualities older people experience as meaningful or effective. A qualitative and investigative research method was used in an attempt to investigate older people's subjective experiences of the relationships they have in the residential care facility. Participants to the study were volunteers who permanently reside in a residential care facility for older people in Gauteng, South Africa. Textual- and visual data was collected through the use of the World Café method, where the participants were divided into three separate groups of approximately six members each. Group discussions were facilitated as group leaders alternated with various activities between the groups. Sheets of A2 paper served as tablecloths allowing participants to conveniently jot down notes from the group discussion, and also to draw symbolic representations of their subjective experiences of the relationships they enjoy in their immediate environment. Data gathered in the various groups was then visually displayed so that a focus group discussion could occur. Crystallization confirmed the trustworthiness of the findings. Crystallization is an approach where data is combined using two or more genres of representation of socially constructed meanings as well as different methods of data analysis. In this study, several different data collection methods were used, including the use of symbols, group discussions and a focus group. The data analysis comprised of a combination of several methods of analysis, being thematic analysis, interactive pattern analysis and the visual analysis of posters. Approval pertaining to the ethical aspects of the research project was obtained from the North-West University. From the findings it became apparent that essential relationship qualities such as confirmation, empathy, unconditional acceptance and clarity of self-presentation between the residents spontaneously developed out of the safe and enabling interpersonal environment created by the management. This safe and enabling interpersonal environment is characterized by predictability, interpersonal flexibility, confirmation, congruence and empathy. According to this research, it can be argued that residents in this specific care facility were still able to identify and describe relationships that could effectively satisfy their needs – despite having experienced multiple losses associated with the aging process and/or losses in their particular lives. This study hence holds important implications for the creation of an interpersonal context by management in order to promote wellbeing among older people that reside in residential care facilities. / Thesis (MA (Clinical Psychology))--North-West University, Potchefstroom Campus, 2013.

Ageing populations and the unique challenges they pose are characteristic of the accelerating demographic transition evident in both developed and developing countries. In South Africa the elderly population is also increasing dramatically. There is a disproportionate distribution of older persons per ethnic group, with white older people representing the largest group of older South Africans (21%, proportional to ethnic group). The influx of the baby boomer generation will inevitably lead to an exponential increase in the numbers of white older people within the next two decades. Regardless of integration policies in post-apartheid South Africa, 90% of all residential care facilities are still occupied solely by white older people. Such facilities are described as buildings or other structures used primarily for the purposes of providing accommodation and of providing a 24-hour service to older persons. The increasingly larger segment of white older people holds considerable implications for the future of these facilities since more individuals will turn to this living arrangement. The Older Persons Act of South Africa was inaugurated by the government in 2006 and its key objectives are aligned with the recommendations of the Madrid International Plan of Action on Ageing (2002). Amongst many other objectives, the Older Persons Act emphasises practices that enhance the wellbeing and quality of life (QoL) of all older persons. However, the reigning circumstances in most residential care facilities have been described as challenging. A national audit of residential care facilities in 2010 indicated a need for psychosocial interventions since the QoL of residents was found to be undefined and unspecific. The purpose of the study was to explore the construction of QoL, from the perspective of the older people living in residential care facilities. A purposive sample of 54 participants (male, n=10; female, n=44) with ages ranging between 62 and 95 years was drawn. The participants were able to communicate congruently and understood the research purpose. Participants resided in four similar facilities situated in urban areas in two South African provinces. A multiple-context inquiry was conducted to gather rich data and collateral information. The study made use of interviews, focus groups, journals, and the Mmogo-method® to collect qualitative data. Interpretative Phenomenological Analysis (IPA) and visual analysis methods were used to analyse the data. Interactive Qualitative Analysis (IQA) was conducted with 19 participants, resulting in a conceptual model of QoL. Member-checking was performed by the participants. Ethical approval was granted by the Ethics Committee of the North-West University (Potchefstroom Campus), as part of a larger project, namely “An exploration of enabling contexts (05K14)”. The findings revealed that the nature of QoL is informed by spiritual worldviews, interpersonal contexts and the maintained ability of older people to regulate aspects of their own lives. The nature of QoL was also revealed as transitional throughout the ageing process and that the dimensions of QoL may be found on a continuum. Six domains were elicited in the construction of QoL, namely spirituality, health, relationships, meaningfulness, autonomy and sense of place. Each domain presented with certain contributors and inhibitors influencing the older person’s ability to experience QoL. Findings revealed the strengths of older people to deal with adversities associated with later life. The inhibitors of QoL are emphasised for the attention of policy makers, the managers of residential care facilities, care givers and family members. The study provided insight into the causal influences between the domains of QoL. A conceptual model with systemic properties is proposed. The theoretical implications of this systems model are that QoL domains are mutually informing and exercise a particular influence on the relational states of older people. It is hoped that new knowledge in the area of QoL might direct future research efforts and put resources channeled to residential care facilities to better use. / Thesis (PhD (Psychology))--North-West University, Potchefstroom Campus, 2013.

Social and demographic changes have a tremendous effect on the care for older people to the effect that caring for older people might have become a rare commodity. Increased life expectancy during the past century has prolonged the period in which older people need care and has made family care giving an increasingly recurrent activity for adult children. After the demolition of the apartheid area in South Africa, most research focused on previously disadvantaged groups, namely Black and Brown people which resulted in a research gap regarding older White people. Little is known about older White people’s experiences of care in South Africa, as older White people are viewed as the minority group who were not previously disadvantaged. However, older White people’s vulnerability is increasing because poverty is currently escalating amongst older White South African people as a result of early retirement and retrenchment because of employment equity and the conversion goal of Black Economic Empowerment. The aim of this study was to explore older White people’s experiences of giving care to and receiving care from their children. A qualitative research approach with an explorative and descriptive nature was utilized for this study as the research question was aimed at understanding a subjective phenomenon. This research design allows the participants to give meaning to their own experiences. A case study design was followed during this research study in order to provide an in-depth description of older White people’s experience of care. The specific population for this study consisted of all White people older than 60 years, co-residing with their adult children and living in the Midvaal area of the Vaal Triangle, Gauteng. Data were collected through journaling and semi-structured interviews, with 10 older White people. Interviews were conducted on a one-on-one basis at the office of the researcher or at the houses of the participants. This ensured the preservation of the participants’ relationship with their children. The interviews were audio recorded and transcribed. Data were reduced through thematic data analysis and emerging themes and categories were identified. The principles and strategies for enhancing the trustworthiness of the data were done through crystallization and neutrality. The results indicated that older White people’s experience of care can be summarized by means of physical, emotional and financial care. Most of the participants in this study were still physically independent from their children and they could attend to their own physical care. Emotional care was identified by the participants as the ultimate indicator of caring and this component contributed profoundly to their psychological well-being. The financial care component highlighted that older White people’s vulnerability is increasing and that poverty is more prevalent in older White people than what is reflected in current research. / MA (Psychology), North-West University, Potchefstroom Campus, 2014

Older people often experience loneliness and depression, especially those dependent on institutional care. The loneliness can be attributed to multiple losses such as the loss of physical and cognitive abilities, the loss of relationships with familiar environments, the loss of significant others, as well as changing contact with family members and friends. The strategy commonly used by older people to deal with such feelings of loss, is to reminisce on such losses as well as on the lost or altered relationships. This strategy might result in a situation where the focus older people have on the past prevents them from recognizing the potential of relationships in their immediate environment. In order to make older people more aware of meaningful relationships in their immediate environment, the method of appreciative inquiry was used. Appreciative inquiry uses questioning as an intervention. Questions were formulated in such a way that the positive aspects of possible relationships in interpersonal environments were emphasised. The aim of the appreciative inquiry was to determine what relationship qualities older people experience as meaningful or effective. A qualitative and investigative research method was used in an attempt to investigate older people's subjective experiences of the relationships they have in the residential care facility. Participants to the study were volunteers who permanently reside in a residential care facility for older people in Gauteng, South Africa. Textual- and visual data was collected through the use of the World Café method, where the participants were divided into three separate groups of approximately six members each. Group discussions were facilitated as group leaders alternated with various activities between the groups. Sheets of A2 paper served as tablecloths allowing participants to conveniently jot down notes from the group discussion, and also to draw symbolic representations of their subjective experiences of the relationships they enjoy in their immediate environment. Data gathered in the various groups was then visually displayed so that a focus group discussion could occur. Crystallization confirmed the trustworthiness of the findings. Crystallization is an approach where data is combined using two or more genres of representation of socially constructed meanings as well as different methods of data analysis. In this study, several different data collection methods were used, including the use of symbols, group discussions and a focus group. The data analysis comprised of a combination of several methods of analysis, being thematic analysis, interactive pattern analysis and the visual analysis of posters. Approval pertaining to the ethical aspects of the research project was obtained from the North-West University. From the findings it became apparent that essential relationship qualities such as confirmation, empathy, unconditional acceptance and clarity of self-presentation between the residents spontaneously developed out of the safe and enabling interpersonal environment created by the management. This safe and enabling interpersonal environment is characterized by predictability, interpersonal flexibility, confirmation, congruence and empathy. According to this research, it can be argued that residents in this specific care facility were still able to identify and describe relationships that could effectively satisfy their needs – despite having experienced multiple losses associated with the aging process and/or losses in their particular lives. This study hence holds important implications for the creation of an interpersonal context by management in order to promote wellbeing among older people that reside in residential care facilities. / Thesis (MA (Clinical Psychology))--North-West University, Potchefstroom Campus, 2013.

Ageing populations and the unique challenges they pose are characteristic of the accelerating demographic transition evident in both developed and developing countries. In South Africa the elderly population is also increasing dramatically. There is a disproportionate distribution of older persons per ethnic group, with white older people representing the largest group of older South Africans (21%, proportional to ethnic group). The influx of the baby boomer generation will inevitably lead to an exponential increase in the numbers of white older people within the next two decades. Regardless of integration policies in post-apartheid South Africa, 90% of all residential care facilities are still occupied solely by white older people. Such facilities are described as buildings or other structures used primarily for the purposes of providing accommodation and of providing a 24-hour service to older persons. The increasingly larger segment of white older people holds considerable implications for the future of these facilities since more individuals will turn to this living arrangement. The Older Persons Act of South Africa was inaugurated by the government in 2006 and its key objectives are aligned with the recommendations of the Madrid International Plan of Action on Ageing (2002). Amongst many other objectives, the Older Persons Act emphasises practices that enhance the wellbeing and quality of life (QoL) of all older persons. However, the reigning circumstances in most residential care facilities have been described as challenging. A national audit of residential care facilities in 2010 indicated a need for psychosocial interventions since the QoL of residents was found to be undefined and unspecific. The purpose of the study was to explore the construction of QoL, from the perspective of the older people living in residential care facilities. A purposive sample of 54 participants (male, n=10; female, n=44) with ages ranging between 62 and 95 years was drawn. The participants were able to communicate congruently and understood the research purpose. Participants resided in four similar facilities situated in urban areas in two South African provinces. A multiple-context inquiry was conducted to gather rich data and collateral information. The study made use of interviews, focus groups, journals, and the Mmogo-method® to collect qualitative data. Interpretative Phenomenological Analysis (IPA) and visual analysis methods were used to analyse the data. Interactive Qualitative Analysis (IQA) was conducted with 19 participants, resulting in a conceptual model of QoL. Member-checking was performed by the participants. Ethical approval was granted by the Ethics Committee of the North-West University (Potchefstroom Campus), as part of a larger project, namely “An exploration of enabling contexts (05K14)”. The findings revealed that the nature of QoL is informed by spiritual worldviews, interpersonal contexts and the maintained ability of older people to regulate aspects of their own lives. The nature of QoL was also revealed as transitional throughout the ageing process and that the dimensions of QoL may be found on a continuum. Six domains were elicited in the construction of QoL, namely spirituality, health, relationships, meaningfulness, autonomy and sense of place. Each domain presented with certain contributors and inhibitors influencing the older person’s ability to experience QoL. Findings revealed the strengths of older people to deal with adversities associated with later life. The inhibitors of QoL are emphasised for the attention of policy makers, the managers of residential care facilities, care givers and family members. The study provided insight into the causal influences between the domains of QoL. A conceptual model with systemic properties is proposed. The theoretical implications of this systems model are that QoL domains are mutually informing and exercise a particular influence on the relational states of older people. It is hoped that new knowledge in the area of QoL might direct future research efforts and put resources channeled to residential care facilities to better use. / Thesis (PhD (Psychology))--North-West University, Potchefstroom Campus, 2013.

The sharp increase in the number of older persons (60 years and older) is a distinctive demographic feature of the 20th century. Ageing populations and the unique challenges they pose have obliged countries worldwide to reflect on the problems relating to older persons. In 2002 the United Nations convened the Second World Assembly on Ageing at which the Madrid International Plan of Action on Ageing (MIPAA) was drafted and adopted. This plan sought to meet the challenges associated with ageing populations. In South Africa the elderly population is also increasing dramatically. The fact that older persons are starting to constitute a proportionally larger segment of the total population while they are, at the same time, amongst the poorest people in the country and dependent on others for support and care holds serious implications for South Africa. In post–apartheid South Africa (after 1994) residential care facilities were opened to all South Africans regardless of race or colour. Apart from dealing with diversity, residential care facilities have to manage the long–term care needs of older persons and their lack of the financial or human resources to sustain themselves. Against this background the South African government promulgated legislation in line with the recommendations of the MIPAA. The legislation seeks to lighten the burden placed on residential care facilities while, at the same time, emphasising the importance of enhancing the well–being of older persons. Despite the legislation and the policy frameworks, the circumstances in most residential care facilities in South Africa are challenging and call for action and psychosocial interventions. Given that racial segregation still exists in residential care facilities and the importance of the relational well–being of older persons, it was decided to explore the sense of community of older persons in South Africa who reside in a diverse and economically challenged residential care facility. A purposive sample was drawn of the male and female, and black and white older persons living in the facility. The study used the Mmogo–methodTM, interviews, focus groups, observations and reflective notes to collect qualitative data from the research participants. A possible limitation of the study is that some participants – being older persons – might experience some degree of being cognitively challenged or might struggle to express themselves. To counter this limitation and to ensure the trustworthiness of the findings, a variety of data collection methods were used in order to be able to cross–check the information gathered. Apart from this, specific data collection methods were used that make provision for cognitively challenged older persons. As the study involved older persons as a vulnerable group, special attention was paid to ethical considerations. Ethical approval was granted by the Ethics Committee of the North–West University, Potchefstroom Campus, as part of a larger project, being: “An exploration of enabling contexts (05K14).” The main finding of the study is the low sense of community that the older persons in this particular residential care facility experience. This is supplemented by two themes that emerged throughout the study, being the lack of social interaction between the residents and the residents' need to have a sense of purpose. The occurrence of these two themes is supported by findings in community psychology and sense of community theories, and some of the findings of the study are consistent with findings reported in the literature. The study concludes with recommendations on how the residents' sense of community could be enhanced. / Thesis (M.A. (Research Psychology))--North-West University, Potchefstroom Campus, 2012.

The sharp increase in the number of older persons (60 years and older) is a distinctive demographic feature of the 20th century. Ageing populations and the unique challenges they pose have obliged countries worldwide to reflect on the problems relating to older persons. In 2002 the United Nations convened the Second World Assembly on Ageing at which the Madrid International Plan of Action on Ageing (MIPAA) was drafted and adopted. This plan sought to meet the challenges associated with ageing populations. In South Africa the elderly population is also increasing dramatically. The fact that older persons are starting to constitute a proportionally larger segment of the total population while they are, at the same time, amongst the poorest people in the country and dependent on others for support and care holds serious implications for South Africa. In post–apartheid South Africa (after 1994) residential care facilities were opened to all South Africans regardless of race or colour. Apart from dealing with diversity, residential care facilities have to manage the long–term care needs of older persons and their lack of the financial or human resources to sustain themselves. Against this background the South African government promulgated legislation in line with the recommendations of the MIPAA. The legislation seeks to lighten the burden placed on residential care facilities while, at the same time, emphasising the importance of enhancing the well–being of older persons. Despite the legislation and the policy frameworks, the circumstances in most residential care facilities in South Africa are challenging and call for action and psychosocial interventions. Given that racial segregation still exists in residential care facilities and the importance of the relational well–being of older persons, it was decided to explore the sense of community of older persons in South Africa who reside in a diverse and economically challenged residential care facility. A purposive sample was drawn of the male and female, and black and white older persons living in the facility. The study used the Mmogo–methodTM, interviews, focus groups, observations and reflective notes to collect qualitative data from the research participants. A possible limitation of the study is that some participants – being older persons – might experience some degree of being cognitively challenged or might struggle to express themselves. To counter this limitation and to ensure the trustworthiness of the findings, a variety of data collection methods were used in order to be able to cross–check the information gathered. Apart from this, specific data collection methods were used that make provision for cognitively challenged older persons. As the study involved older persons as a vulnerable group, special attention was paid to ethical considerations. Ethical approval was granted by the Ethics Committee of the North–West University, Potchefstroom Campus, as part of a larger project, being: “An exploration of enabling contexts (05K14).” The main finding of the study is the low sense of community that the older persons in this particular residential care facility experience. This is supplemented by two themes that emerged throughout the study, being the lack of social interaction between the residents and the residents' need to have a sense of purpose. The occurrence of these two themes is supported by findings in community psychology and sense of community theories, and some of the findings of the study are consistent with findings reported in the literature. The study concludes with recommendations on how the residents' sense of community could be enhanced. / Thesis (M.A. (Research Psychology))--North-West University, Potchefstroom Campus, 2012.

La ricerca affronta una particolare forma di responsabilità concorsuale per crimini internazionali chiamata ‘joint criminal enterprise’ (JCE), creata dal Tribunale Penale Internazionale per l’ex-Yugoslavia. Il perno attorno al quale la ricerca si svolge è la suscettibilità di un tale criterio di imputazione di trasformarsi in un veicolo di responsabilità penale collettiva. Al fine di discutere dei punti di frizione di questo meccanismo ascrittivo con il fondamentale principio di responsabilità penale individuale e colpevole, l’autrice si propone di tracciare innanzitutto una cornice teorica più ampia. Il punto di partenza va individuato nella polarizzazione tra due forze che agiscono in senso opposto: una macro-dimensione, composta da fattori collettivizzanti (fattore storico, sistemico e teleologico), e una micro-dimensione che tenta di comprimere la responsabilità penale nei rigidi confini della colpevolezza. Collocata dunque al centro della “tensione” tra queste due forze opposte, la ‘joint criminal enterprise’ rivela i suoi caratteri più problematici, specialmente con riferimento ai requisiti di un nesso eziologico “indiretto” e a un elemento soggettivo fortemente indebolito. Addentrandosi infine nell’analisi comparata di sistemi di common law e civil law, l’autrice propone all’interprete internazionale diverse argomentazioni e correttivi al fine di un’applicazione della JCE che sia maggiormente conforme al principio di responsabilità penale personale e colpevole. / The thesis discusses a particularly problematic mode of liability for international crimes: the doctrine of ‘joint criminal enterprise’ (JCE) created by the International Criminal Tribunal for the former Yugoslavia. The core issue is the suitability of this mechanism of attribution to turn into a vehicle of collective criminal responsibility. In order to discuss its points of friction with the principle of individual culpability, the author designs a broader theoretical framework. The point of departure is a polarization between two opposing forces: a macro-dimension of collectivizing factors (historical, contextual and teleological) and a micro-dimension that strives to contain liability into the strict boundaries of individual guilt. Placed within the “strain” between these two opposing forces, JCE reveals its highly problematic features, especially in relation to the requirements of an indirect causal nexus and a very weak mens rea. Finally, by venturing into a comparative analysis of common law/civil law domestic systems, the author proposes to the international interpreter several arguments and correctives in order to apply JCE liability in a manner that is more consistent with the fundamental principle of individual culpability.