Los primeros casos a nivel interncional de aplicación autónoma del concepto de autoria mediata a través de estructuras organizadas de poder: los casos contra Omar Al Bashir, Muammar Gaddafi, y Abdullah Al-Senussi

Abstract

Indirect perpetration through organised structures of power has been applied as part of the notion of indirect co-perpetration by several international tribunals since 2003, including the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the International Criminal Court. Nevertheless, it has been applied by itself autonomously only in the cases against Omar al Bashir, Muammar Gaddafi and Abdullah al-Senussi. To an important extent, this is due to the difficulties posed by the application of this concept to organised armed groups comprised of different factions, as well as to the problems encountered in showing that one man possesses the necessary degree of control ovar the several branches of the state apparatus that participate in the commission of genocide, crimes against humanity and war crimes.