A criminological approach to the ICC Control Theory

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Abstract

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 states that they who control the crime are the principal perpetrator, even if that person uses another individual, or even an organization, to carry out the crime. Although much has been said of this mode of liability, this chapter considers a far broader question: whether the Control Theory as applied by today’s ICC (or by other courts that have adopted it) accords with the social reality of how atrocities are committed. In other words, this chapter does not consider whether the Control Theory is a good criminal law theory, but rather whether it could pass a criminological test..
Original languageEnglish
Title of host publicationThe Oxford Handbook of International Criminal Law
EditorsKevin Jon Heller, Frédéric Mégret, Sarah MH Nouwen, Jens David Ohlin, Darryl Robinson
Place of PublicationOxford
PublisherOxford University Press
Chapter16
Pages379-399
Number of pages21
ISBN (Print)978-0-19-882520-3
DOIs
Publication statusPublished - 24-Feb-2020

Keywords

  • International crimes
  • perpetrators
  • international criminal law
  • individual criminal responsibility
  • control theory
  • criminology, international crimes

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