Control over the Theory
Reforming the icc’s Approach to Establishing Commission Liability
Bibliographic Data
| ID | 12822246 |
|---|---|
| Authors | Liana Georgieva Minkova (0000-0002-5549-1973, University of Cambridge, corresponding author) |
| Year | 2022 |
| Volume | 22 |
| Issue | 3 |
| Pages | 510-538 |
| Publication date | 2022-02-15 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Criminal Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1567-536X • E-ISSN: 1571-8123 |
| Publisher | Brill (PUBLISHER • NL) |
| DOI | 10.1163/15718123-bja10129 |
| OpenAlex | W4213190529 |
| Language | EN |
| Citations received | 1 |
| References cited | 9 |
The icc has employed the ‘control-over-the-crime’ theory, which treats those who ‘control’ the commission of a crime as principal perpetrators. Legal academics and icc judges have criticised the Court’s reliance on that theory for producing unsound legal reasoning. This article engages with the question from a novel perspective, that focuses on the institutional factors affecting the adoption and reform of legal theory. Transplanting Barnett and Finnemore’s concept of the ‘pathologies’ of international organisations to the field of international law, the article argues that reforming the rules for assessing criminal responsibility is a challenging endeavour, even when those rules have exhibited significant deficiencies. Reform is possible, but it is more likely to be incremental rather than revolutionary. The findings also bear implications for international criminal justice more generally, as they suggest that the answer to delivering sound judgments is not improving criminal law theory but appreciating the peculiarities of each case
Commission · Control (management · Criminal justice · Criminal law · Criminal liability · Economic Justice · Economics · Field (mathematics · Law and economics · Liability · Management · Perspective (graphical · Political science · Principal (computer security · Sociology · International Law and Human Rights · Judicial and Constitutional Studies · Law · Wildlife Conservation and Criminology Analyses
Rules for the World
The Significance of Institutional Culture in Enhancing the Validity of International Criminal Tribunals
Preaching, Practicing and Publishing International Criminal Justice
Joint Criminal Enterprise and Command Responsibility
Perpetration through an Organization
Three Conceptual Problems with the Doctrine of Joint Criminal Enterprise
A Cosmopolitan Liberal Account of International Criminal Law
International Institutions and Socialization in Europe
The Politics, Power, and Pathologies of International Organizations
| Citations per year | 0.33 |
|---|---|
| Citation span | 2023 - 2023 (1) |
| Highly cited | No |