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 language | English |
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Pages (from-to) | 725-746 |
Journal | Leiden Journal of International law |
Volume | 26 |
Issue number | 3 |
Early online date | 20 Aug 2013 |
DOIs | |
Publication status | Published - 2013 |