Skip to main content Accessibility help
×
Hostname: page-component-7bb8b95d7b-cx56b Total loading time: 0 Render date: 2024-10-05T16:16:43.455Z Has data issue: false hasContentIssue false

9 - The Road to Convictions

Ntaganda and Ongwen

Published online by Cambridge University Press:  09 February 2023

Liana Georgieva Minkova
Affiliation:
University of Cambridge
Get access

Summary

Chapter 9 explores the legal and political dilemmas arising from the assessment of individual criminal responsibility in two ICC cases, which ended in convictions: Ntaganda and Ongwen. This chapter observes that in those two cases the ICC judges have followed the same line of legal reasoning, premised on a restrained application of the modes of liability, as in the Bemba and Gbagbo and Blé Goudé cases discussed in Chapter 8. However, unlike the Bemba and Gbagbo and Blé Goudé cases, which ended in acquittal, the persons standing trial in Ntaganda and Ongwen had been actively involved in the hostilities, which have resulted in the commission of numerous crimes. The accused’s proximity to the crimes and their willingness to engage in criminal conducts convinced the judges in their criminal responsibility for the crimes, which they had committed personally, as well as the crimes, which they had committed ‘indirectly’, through their troops. Apart from two appeals judges, who expressed some concern with the reliance on the ‘control over the crime’ theory in Ntaganda, the meticulous assessment of the facts in the judgments left little room for contestation of the trial outcomes within the ICL field.

Type
Chapter
Information
Responsibility on Trial
Liability Standards in International Criminal Law
, pp. 258 - 290
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×