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An Examination Of Superior Responsibility In The Statute Of The Special Tribunal For Lebanon

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Chapter Summary

The Special Tribunal for Lebanon ('STL') was established 'to prosecute persons responsible for the attack on 14 February 2005 resulting in the death of former Lebanese Prime Minister Rafiq Hariri and the death or injury of other persons'. This chapter examines the test for superior responsibility set out in Article 3(2) of the STL Statute against the tests for superior responsibility adopted by the International Criminal Tribunal for the former Yugoslavia ('ICTY'), the International Criminal Tribunal for Rwanda ('ICTR') and the two separate tests for civilian and military superiors adopted by the International Criminal Court ('ICC'). It further examines whether the stricter test adopted by Article 3(2) of the STL Statute indeed sets a new standard of superior responsibility for military superiors as well as the subsequent ramifications of this standard on any potential military accused before the STL.

Keywords: ICTR; ICTY; International Criminal Court (ICC); Special Tribunal for Lebanon (STL)



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