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Revisiting the Abu Graibh Prosecutions from the Perspective of the (ICTY) and the (ICTR) by Geert-Jan Alexander Knoops

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Chapter Summary

The Abu Graibh convictions raise a fundamental (international) criminal law question concerning the possible criminal responsibility of Charles A. Graner's superiors for crimes committed in Abu Graibh, particularly since no senior officers or superiors have been criminally prosecuted in this case. This chapter addresses this question in the light of recent jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY) as to "command responsibility", particularly the Blaskic judgment by the ICTY Appeals Chamber which also addressed the issue of "superior responsibility" for the treatment of prisoners during armed conflicts. Criminal prosecution of superiors for international crimes was also at the heart of some of the cases the late honourable judge Laity Kama dealt with during his career. It is therefore that this chapter is dedicated to his important contribution to international criminal justice.

Keywords: Abu Graibh convictions; Charles A. Graner; ICTR; ICTY; international criminal justice; judge Laity Kama



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