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Assessing the Control-Theory

By Jens David Ohlin, Elies Van Sliedregt and Thomas Weigend

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 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

Topics: International Criminal Court, ICC, International criminal law, Prosecutor v. Thomas Lubanga Dyilo, Katanga and Ngudjolo Chui, control-theory, joint perpetration, indirect co-perpetration, hierarchy of blameworthiness, Criminal Law, International Law
Publisher: Scholarship@Cornell Law: A Digital Repository
Year: 2013
OAI identifier: oai:scholarship.law.cornell.edu:facpub-2506
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