Assessing the Control-Theory
Jens David Ohlin
Cornell University - School of Law
Elies Van Sliedregt
VU University Amsterdam - Faculty of Law
University of Cologne
May 1, 2013
Leiden Journal of International Law, Vol. 26, Issue 3, Forthcoming
VU University Amsterdam Legal Studies Paper Series
As the first cases before the ICC proceed to the Appeals Chamber, the judges ought to critically evaluate the merits and demerits of the control-theory of perpetratorship and its related doctrines. The request for a possible re-characterization of the form of responsibility in the case of Katanga and the recent acquittal of Ngudjolo can be taken as indications that the control-theory, is problematic as a theory of liability. The authors, in a spirit of constructive criticism, invite the ICC Appeals Chamber to take this unique opportunity to reconsider or improve the control-theory as developed by the Pre-Trial Chambers in the Lubanga and Katanga cases.
Number of Pages in PDF File: 26
Keywords: ICC, Lubanga case, Katanga case, control-theory, joint perpetration, indirect co-perpetration, hierarchy of blameworthiness
Date posted: June 10, 2013
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