Assessing the Control-Theory

E. van Sliedregt, J.D. Ohlin, Th. Weigend

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Abstract

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 recharacterization of the form of responsibility in the case of Katanga and the recent acquittal of Ngudjolo can be taken as indications that the controltheory 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. © Foundation of the Leiden Journal of International Law 2013.
Original languageEnglish
Pages (from-to)725-746
JournalLeiden Journal of International law
Volume26
Issue number3
Early online date20 Aug 2013
DOIs
Publication statusPublished - 2013

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