Journal Article

Perpetration through an Organization

Thomas Weigend

in Journal of International Criminal Justice

Volume 9, issue 1, pages 91-111
Published in print March 2011 | ISSN: 1478-1387
Published online December 2010 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqq077
Perpetration through an Organization

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Indirect perpetration is a rather novel concept in international criminal law, mentioned explicitly for the first time in Article 25(3)(a) of the International Criminal Court (ICC) Statute. In its Katanga and Chui decision, ICC Pre-Trial Chamber I interprets the concept of indirect perpetration in a particular manner. Citing German legal doctrine, the Pre-Trial Chamber regards as an indirect perpetrator, a person who uses a hierarchically structured organization to induce others to carry out a criminal act. It is questionable whether this doctrine is helpful in analysing the cases of indirect perpetration in the context of systemic crime; it might be preferable to ask what it takes to control the will of another person to such an extent as to ‘make him’ commit a crime. The existence of an organization controlled by the perpetrator may be no more than one factor relevant for answering that question.

Journal Article.  10510 words. 

Subjects: Criminal Law ; International Law

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