Assessing the Control-Theory

JENS DAVID OHLIN, ELIES VAN SLIEDREGT, THOMAS WEIGEND
2013 Leiden Journal of International Law  
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
more » ... 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.
doi:10.1017/s0922156513000319 fatcat:oshnypwsfrahpe2rcs4phtvdga