In a recent post on the EJIL:Talk! blog, CICJ’s Marjolein Cupido and Lachezar Yanev discuss the implications for ICC law of the decision on confirmation of charges in the case against Alfred Yekatom and Patrice-Edouard Ngaïssona in the situation of the Central African Republic.
They argue that it is quite surprising that this decision has not received much attention so far, considering that it arguably departs from previous ICC case law in several important respects, including in its interpretation and application of co-perpetration responsibility. Without providing any definition of co-perpetration, yet ominously stating that (part of) its legal framework is “not a foregone conclusion”, they conclude that the Pre-Trial Chamber placed this mode of liability in a dark box, and leave the Prosecution in doubts for the trial stage.
Read the blog-post here.