text: instigated or organised such plan, or who participated it.r its execution. SeconBARQWh Each participant shall be punished according to his own participation without regard to participation by others.” - 23 -two elemerrttl8 first, agreement, that is tPe oonoordanoe of wills 0:‘ an agreement between two or more individual8 to aommit a crime1 and second, physiaal acts performed to a?rrry out the crime planned. Paragraph (1) of tho artiale incriminated the agreement as such, independently of any physical sot, The objeot of that paragraph was dissuasion, Ir!l, The second paragraph of the draft article raised the delicate question of possible oollective responsibilityt that was why he had proposed two alternatives. The first specified that criminal responsibility attaahed not only to the perpetrator, but also to any individual who ordered, instigated or organised a common plan or who participated in its execution. The second alternative, which was based on the concept of individual respons~oility, provided that each participant would be punished according to his own portioipation ,without regard to participation by others. The Special Rapporteur pointed out that the Ncrnberg Tribunal had limited the application of the principle of collective responsibility for conspiracy to crimes against peace. In the case of war crimes and crimes against humanity, the Tribunal had, however, preferred the principle of individual responsibility. In the Special Rapporteur’s view ,more recent events showed that major crimes could no longer be regarded as acts committed by isolated individuals, Modern criminologi8t8, while still persistently attached to the principle of personal criminal responsibility, tended to draw increasingly broad consequence8 from the collective nature of an offence. 59.Several member8 of the Commission 8UppOrt0d the Special Rapportour’s inclusion in the draft Code of a separate provision on the notion of consyirscy. It watt argued that in international criminal law, conspiracy was
analysis: The text appears to be discussing the legal aspects of international crimes, specifically the concept of conspiracy and collective responsibility. It seems to be analyzing the draft article and the different approaches to criminal responsibility, including individual and collective responsibility. The text does not seem to be related to economic, natural, or environmental issues, nor does it touch on topics like agriculture, forestry, fishing, industry, transport, communication, international trade, health, education, employment, humanitarian aid, or culture. It seems to be focused on the legal framework and concepts related to international criminal law.