Perpetration

This chapter discusses forms of perpetration in crime set out in Article 25(3)(a) of the Rome Statute. It considers the decisions and judgments issued by the end of December 2022, including but not limited to LubangaLubanga, Katanga, Ntaganda, Ongwen, Al Bashir and Al Mahdi cases. The reference to the existing caselaw was used to show how the objective and subjective elements of perpetration (single/direct perpetration, co-perpetration and indirect perpetration) were understood and applied in the existing ICC practice. The Chapter also aims to point out the controversies that arise in the context of a broad understanding of perpetration based on the concept of ‘control over the crime’. In this regard, I formulate a general conclusion that contrary to the prevailing practice the notion of ‘crime’s commission’ shall be interpreted narrowly and focus on the physical execution of the crime’s elements (alone or in agreement with someone else) or direct control over the execution of the crime by someone else.