TY - JOUR
T1 - Assessing the Control-Theory
AU - van Sliedregt, E.
AU - Ohlin, J.D.
AU - Weigend, Th.
PY - 2013
Y1 - 2013
N2 - 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.
AB - 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.
UR - https://www.scopus.com/pages/publications/84881297246
UR - https://www.scopus.com/inward/citedby.url?scp=84881297246&partnerID=8YFLogxK
U2 - 10.1017/S0922156513000319
DO - 10.1017/S0922156513000319
M3 - Article
SN - 0922-1565
VL - 26
SP - 725
EP - 746
JO - Leiden Journal of International law
JF - Leiden Journal of International law
IS - 3
ER -
