Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Superior or Command Responsibility: a Doubtful Theory of Criminal Responsibility at the Ad Hoc Tribunals

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

According to the author, there is at least grave doubt about the correctness of the view that at the International Criminal Tribunals for the former Yugoslavia (ICTY) and the International Criminal Tribunals for Rwanda (ICTR) an accused may be found guilty solely on the basis of the so-called theory of superior or command responsibility, as found in articles 7(3) and 6(3) respectively of the ICTY and ICTR Statutes. The critique rather is strictly limited to the correctness of the view that the notion may be found within the walls of the ICTR and ICTY Statutes, such that a prosecution and conviction may be founded solely on the basis of such a theory, as has been done in Hadžihasanović. The concept of superior or command responsibility is strongly grounded in customary international law - certainly so for superiors in a military hierarchy.

Keywords: ad hoc tribunals; article 6(3) of ICTR statute; article 7(3) of ICTY Statute; command responsibility; criminal responsibility; Hadžihasanović

10.1163/ej.9789004160552.i-776.65
/content/books/10.1163/ej.9789004160552.i-776.65
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    From Human Rights to International Criminal Law / Des droits de l'homme au droit international pénal — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation