Holding members of transnational terrorist groups accountable under Article 25 of the Rome Statute

This chapter describes a more inclusive approach to joint perpetration which includes both objective and subjective elements would be more appropriate for determining the accountability of members of transnational terrorist groups. Holding members of transnational terrorist groups accountable under Article signifies that they played a significant role in the commission of the offence. In order for a member of a transnational terrorist group to be held accountable under Article 25 whether their conduct satisfies the constituent elements of the doctrines of direct and indirect co-perpetration as developed by the Pre-Trial and Trial Chambers in the Lubanga and Katanga cases. The Pre-Trial Chamber in Lubanga and Trial Chamber II in Prosecutor v. Katanga utilised Roxin's theory as a guide to interpret Article 25 of the Rome Statute. The ICC Pre-Trial Chamber in the Lubanga case developed an alternative approach to interpreting Article 25 based on Roxin's control theory of perpetration.