Ordering as an Alternative to Indirect Co-Perpetration

Abstract

This article explores the issue of leadership criminality with a view to construing it as ordering liability under Article 25(3)(b) of the ICC Statute. It outlines the requirements of ordering liability as they can be deduced from the practice of international criminal tribunals and the International Criminal Court. In a case study, it applies these criteria to the conduct of Bosco Ntaganda to ascertain whether he could have been convicted for ordering crimes. Based on the case study, the article discusses whether ordering, as a form of criminal responsibility, should be preferred to the theory of indirect (co-)perpetration.