Skip to main content
×
Home
    • Aa
    • Aa

Assessing the Control-Theory

Abstract
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 recharacterization 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.

Copyright
Linked references
Hide All

This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

D. Guilfoyle , ‘Responsibility for Collective Atrocities: Fair Labelling and Approaches to Commission in International Criminal Law, (2011) 64 Current Legal Problems 1

M. Cupido , ‘The Policy Underlying Crimes against Humanity: Practical Reflections on a Theoretical Debate’, (2011) 22 Criminal Law Forum, 275

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

Leiden Journal of International Law
  • ISSN: 0922-1565
  • EISSN: 1478-9698
  • URL: /core/journals/leiden-journal-of-international-law
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×

Keywords:

Metrics

Altmetric attention score

Full text views

Total number of HTML views: 8
Total number of PDF views: 59 *
Loading metrics...

Abstract views

Total abstract views: 201 *
Loading metrics...

* Views captured on Cambridge Core between September 2016 - 27th June 2017. This data will be updated every 24 hours.