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INDIRECT (CO)PERPETRATION
DOCTRINE IN INTERNATIONAL
CRIMINAL LAW 1
(ANALYSES OF THE CASE
PROSECUTOR V. AL BASHIR )
GIORGI DGEBUADZE
PHD Georgian University
At the beginning of XXI Century, international community was alarmed by
the horrible crimes taking place in Africa, Uganda, in the Democratic Republic of
Congo, in the Central Republic of Africa, in Kenya, Libya, Sudan and Cote d’Ivoire.
National justice systems, in all above-listed countries, was unable to carry out
proper measures against the criminal situation within the country, respond the
committed crimes and impose criminal liability. Accordingly, International
Criminal Court was notified regarding the mentioned “occurrings”. Taking proper
and timely criminal proceedings and measures – this was the very reason for
establishing International Criminal Court. ICC has a lot of challenges. Entire
international community is awaiting how will ICC resolve the problems and what
type of case law it will establish. Baring all this in mind, in order to take effective
measures, ICC introduces new forms of the criminal liability, among those,
important one is the doctrine of indirect co-perpetration. It will be interesting to
observe its application on Prosecutor v. al Bashir case, where it is applied and
used as a main tool against the President of Sudan to carry out criminal prosecution
against him. 2
1
Indirect (Co)Perpetration Doctrine in International Criminal Law.
2
The work is prepared within the scholarship in Cologne University; Law Faculty (DAAD)
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