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International Crimes and the Ad Hoc Tribunals$
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Guénaël Mettraux

Print publication date: 2006

Print ISBN-13: 9780199207541

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207541.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 January 2022

Article 7(3) of the ICTY Statute and Article 6(3) of the ICTR Statute: Command or Superior Responsibility

Article 7(3) of the ICTY Statute and Article 6(3) of the ICTR Statute: Command or Superior Responsibility

Chapter:
(p.296) 21 Article 7(3) of the ICTY Statute and Article 6(3) of the ICTR Statute: Command or Superior Responsibility
Source:
International Crimes and the Ad Hoc Tribunals
Author(s):

Guénaél Mettraux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207541.003.0021

Command responsibility, pursuant to Articles 7(3) and 6(3) of the statutes of the ad hoc tribunals for the former Yugoslavia and for Rwanda, respectively, is responsibility for the commander’s own acts or omissions in failing to prevent or punish the crimes of his subordinates whom he knew or had reason to know were about to commit serious crimes or had already done so. Customary international law provides that a superior or commander may be held criminally responsible for the acts of others if the following three conditions are met: the existence of a superior-subordinate relationship between the commander or superior and the alleged principal offenders; the superior knew or had reason to know that the subordinate was about to commit such acts or had done so; and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

Keywords:   statutes, command responsibility, superior-subordinate relationship, international law

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