Assessing the Control-Theory
Leiden Journal of International Law, Vol. 26, Issue 3, Forthcoming
26 Pages Posted: 10 Jun 2013
Date Written: May 1, 2013
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.
Keywords: ICC, Lubanga case, Katanga case, control-theory, joint perpetration, indirect co-perpetration, hierarchy of blameworthiness
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