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3. Introduction

Author

Heller, Kevin Jon, Mégret, Frédéric, Nouwen, Sarah M. H., Ohlin, Jens David, Robinson, Darryl, Heller, Kevin Jon, book editor, Mégret, Frédéric, book editor, Nouwen, Sarah M. H., book editor, Ohlin, Jens David, book editor, and Robinson, Darryl, book editor

Published
2020
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11. ¿Son compatibles las amnistías y la corte penal internacional?

Author

Gropengießer, Helmut, Meißner, Jörg, Mallinder, Louise, Scharf, Michael P., Robinson, Darryl, Alvarado, Yesid Reyes, Editor, Ramírez, Melissa Laverde, Traductora, Gropengießer, Helmut, Meißner, Jörg, Mallinder, Louise, Scharf, Michael P., Robinson, Darryl, Alvarado, Yesid Reyes, and Ramírez, Melissa Laverde

Published
2019
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13. The tribunals and the renaissance of international criminal law: three themes.

Author

Robinson, Darryl and MacNeil, Gillian

Subjects
United Nations. International Criminal Tribunal for Rwanda -- Evaluation, United Nations. International Criminal Tribunal for the Former Yugoslavia -- Evaluation, Criminal procedure (International law) -- Evaluation
Abstract

We are delighted to participate in this symposium on the legacy of the International Criminal Tribunals for the Former Yugoslavia and for Rwanda (Tribunals; respectively, ICTY and ICTR). We have [...]

Published
2016

16. The tension between law and politics: can the ICC navigate a multipolar world?

Author

deGuzman, Margaret M., Robinson, Darryl, and Megret, Frederic

Subjects
International Criminal Court -- Evaluation, Law and politics -- Analysis
Abstract

This panel was convened at 9:00 am, Saturday, April 6, by its moderator, Shahram Dana of the John Marshall Law School, who introduced the panelists: Margaret deGuzman of Beasley School [...]

Published
2013

18. The principle of legality in international criminal law.

Author

Van Schaack, Beth, Robinson, Darryl, Meron, Theodor, Roth, Brad R., and Massimino, Elisa

Subjects
International offenses -- Laws, regulations and rules, Government regulation
Abstract

This panel was convened at 10:45 a.m., Thursday, March 26, by its moderator, Sandesh Sivakumaran of the University of Nottingham, who introduced the panelists: Beth Van Schaack of Santa Clara [...]

Published
2009

19. In Memoriam

Author

Boister, Neil, primary, Robinson, Darryl, additional, Vasiliev, Sergey, additional, Paparinskis, Martins, additional, Wong, Meagan, additional, and Kalpouzos, Ioannis, additional

Published
2021
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20. A criminological approach to the ICC Control Theory

Author

Smeulers, Alette, Heller, Kevin Jon, Mégret, Frédéric, Nouwen, Sarah MH, Ohlin, Jens David, Robinson, Darryl, Effective Criminal Law, and Department of Humanities

Subjects
Control theory (sociology), International crimes, criminology, international crimes, individual criminal responsibility, Philosophy, international criminal law, criminology, control theory, Epistemology, perpetrators
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..

Published
2020

28. CANADA

Author

PROST, KIMBERLY, primary and ROBINSON, DARRYL, additional

Published
2006
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34. A criminological approach to the ICC Control Theory

Author

Heller, Kevin Jon, Mégret, Frédéric, Nouwen, Sarah MH, Ohlin, Jens David, Robinson, Darryl, Smeulers, Alette, Heller, Kevin Jon, Mégret, Frédéric, Nouwen, Sarah MH, Ohlin, Jens David, Robinson, Darryl, and Smeulers, Alette

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..

Published
2020

36. International Criminal Justice and Humanitarianism

Author

Heller, Kevin, Mégret, Frédéric, Nouwen, Sarah, Ohlin, Jens, Robinson, Darryl, Kendall, Sara, Heller, Kevin, Mégret, Frédéric, Nouwen, Sarah, Ohlin, Jens, Robinson, Darryl, and Kendall, Sara

Published
2020

37. A guide to state practice concerning International Humanitarian Law

Author

Kalshoven, Frits, primary, Desch, Thomas, additional, Warbrick, Colin, additional, Salgado, Elena Martin, additional, Goodwin, Nicholas, additional, Rosenne, Shabtai, additional, Kaul, Hans-Peter, additional, Kreß, Claus, additional, Momtaz, Djamchid, additional, Robinson, Darryl, additional, von Hebel, Herman, additional, McDonald, Avril, additional, Dugard, John, additional, Woollomes Tabassi, Lisa, additional, Dörmann, Knut, additional, Bryan, Ian, additional, and Rowe, Peter, additional

Published
2000
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38. Yearbook of International Humanitarian Law

Author

Kalshoven, Frits, primary, Desch, Thomas, additional, Warbrick, Colin, additional, Salgado, Elena Martin, additional, Goodwin, Nicholas, additional, Rosenne, Shabtai, additional, Kaul, Hans-Peter, additional, Kreß, Claus, additional, Momtaz, Djamchid, additional, Robinson, Darryl, additional, von Hebel, Herman, additional, McDonald, Avril, additional, Dugard, John, additional, Woollomes Tabassi, Lisa, additional, Dörmann, Knut, additional, Bryan, Ian, additional, and Rowe, Peter, additional

Published
2000
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39. Classification of Documents

Author

Kalshoven, Frits, primary, Desch, Thomas, additional, Warbrick, Colin, additional, Salgado, Elena Martin, additional, Goodwin, Nicholas, additional, Rosenne, Shabtai, additional, Kaul, Hans-Peter, additional, Kreß, Claus, additional, Momtaz, Djamchid, additional, Robinson, Darryl, additional, von Hebel, Herman, additional, McDonald, Avril, additional, Dugard, John, additional, Woollomes Tabassi, Lisa, additional, Dörmann, Knut, additional, Bryan, Ian, additional, and Rowe, Peter, additional

Published
2000
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40. Documents

Author

Kalshoven, Frits, primary, Desch, Thomas, additional, Warbrick, Colin, additional, Salgado, Elena Martin, additional, Goodwin, Nicholas, additional, Rosenne, Shabtai, additional, Kaul, Hans-Peter, additional, Kreß, Claus, additional, Momtaz, Djamchid, additional, Robinson, Darryl, additional, von Hebel, Herman, additional, McDonald, Avril, additional, Dugard, John, additional, Woollomes Tabassi, Lisa, additional, Dörmann, Knut, additional, Bryan, Ian, additional, and Rowe, Peter, additional

Published
2000
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46. THE AUTHOR RESPONDS: CULPABILITY THEORIES IN EXTREME CASES.

Author

Robinson, Darryl

Subjects
INTERNATIONAL criminal law, CRIMINAL law, HUMANITARIAN law
Abstract

In this article, the author of the book "Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law" discusses international criminal law (ICL), criminal law theory, and different branches of philosophy. It mentions joint criminal enterprise (JCE), and aiding and abetting and conceptions of the most well-resourced national systems. It also mentions command responsibility should acknowledge its origins in international humanitarian law.

Published
2021

48. Part IV The ICC and its Applicable Law, 28 Crimes against Humanity: A Better Policy on ‘Policy’

Author

Robinson Darryl

Abstract

The most interesting and controversial jurisprudence of the ICC on crimes against humanity revolves around the interpretation of the policy element. Most of the literature has focused on the controversy over whether the organization behind a policy must be state-like. This chapter focuses instead on broader problematic trends in the jurisprudence of the ICC, as typified particularly by early decisions in the Gbagbo and Mbarushimana cases. It argues that some early ICC decisions have, in an apparently inadvertent manner, elevated the policy element and infused it with exceedingly formalized requirements. It defends the view taken in later decisions (e.g. Katanga) that ‘policy’ is a lesser threshold than ‘systematic’, that proof of planning is relevant but not necessary, and that policy need not reflect a unified purpose or motive.

Published
2015
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