Narrow aiding and abetting standard based in domestic law, and distinct from ICL.
Aiding and abetting standard is drawn from Lebanese Criminal Code, not international law.
ACTUS REUS: “The following shall be deemed to be accomplices to a felony or misdemeanour: “1 Anyone who issues instructions for its commission, even if such instructions did not facilitate the act; 2 Anyone who hardens the perpetrator’s resolve by any means; 3 Anyone who, for material or moral gain, accepts the perpetrator’s proposal to commit the offence; 4 Anyone who aids or abets the perpetrator in acts that are preparatory to the offence; 5 Anyone who, having so agreed with the perpetrator or an accomplice before commission of the offence, helped to eliminate the traces, to conceal or dispose of items resulting therefrom, or to shield one or more of the participants from justice; 6 Anyone who, having knowledge of the criminal conduct of offenders responsible for highway robbery or acts of violence against state security, public safety, persons or property, provides them with food, shelter, a refuge or a meeting place” (¶ 218). “The objective elements of complicity are (i) understanding (whether immediate or longstanding); (ii) assistance in a form specified in Article 219 [of Lebanon’s criminal code]; and (iii) conduct by the perpetrator amounting to a crime” (¶ 219). The assistance can occur “(i) before the crime, such as in the examples mentioned under subparagraphs I, 2 and 3, (ii) during the perpetration of the crime, amounting to the sole example under subparagraph 4, or (iii) thereafter, as in subparagraphs 5 and 6” (¶ 219).
MENS REA: “The subjective elements are (i) knowledge of the intent of the perpetrator to commit a crime and (ii) intent to assist the perpetrator in his commission of the crime” (¶ 220).