In sum, the Perišić Appeals Judgment leaves the law of complicity in a state of serious disarray. Without doubt, complicity is a difficult concept, national systems understand it inconsistently, and it engenders important consequences on a global stage. Despite this, its coherence in customary international law is dependent on the Appeals Chamber repudiating aspects of the Perišić Appeal Judgment that are so far from basic principles and so consequential for a raft of connected fields, from international criminal law itself to human rights and the laws of war. Perhaps, in its final hours, the ICTY will show the great moral courage required to admit that it lost its way in Perišić, and correct the oversight. In the grand scheme of things, this moral courage may prove to be a defining aspect of the Tribunal’s legacy, in sharp contrast with the depths of human darkness it has witnessed over the course of its otherwise remarkable lifetime.
