What is the legal test for complicity in the commission of an international crime?
Canada (Federal), Canada
The following excerpt is from Canada (Citizenship and Immigration) v. Yaqoob, 2005 FC 1017 (CanLII):
In Gutierrez v. Canada (Minister of Employment and Immigration) (1994), 84 F.T.R. 227 (T.D.) at para. 22, Justice MacKay found: Essentially then, three prerequisites must be established in order to provide complicity in the commission of an international offence: (1) membership in an organization which committed international offenses as a continuous and regular part of its operation, (2) personal and knowing participation, and (3) failure to disassociate from the organization at the earliest safe opportunity.
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