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.
Tuesday, July 9, 2013
Ohlin, van Sliedregt, & Weigend: Assessing the Control-Theory
Jens David Ohlin (Cornell Univ. - Law), Elies van Sliedregt (VU Univ. Amsterdam - Law), & Thomas Weigend (Univ. of Cologne - Law) have posted Assessing the Control-Theory (Leiden Journal of International Law, forthcoming). Here's the abstract: