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A Criminological Approach to the ICC's Control Theory
[entry]
2020
The Oxford Handbook of International Criminal Law
unpublished
This chapter tackles the Control Theory of Perpetration, a German-inspired mode of participation that is applied only by the International Criminal Court (ICC). The Control Theory, developed by the German scholar Claus Roxin, provides a doctrinal apparatus for distinguishing between principal perpetrators and mere accomplices. Instead of defining the principal perpetrator as the individual who performs the actus reus of the offence, or who has the mens rea for the offence, the Control Theory
doi:10.1093/law/9780198825203.003.0017
fatcat:eajfwjl6kbbg7dp2nernycj744