Command Responsibility at the ICTY—Three Generations of Case-law and still Ambiguity
Command Responsibility at the ICTY—Three Generations of Case-law and still Ambiguity
ICTY case law has been instrumental in developing the concept of command responsibility. In creating a basic model of liability, firmly entrenched in the three basic elements identified in the Čelebići case, the Tribunal has done international criminal law a service. This is not to say that ICTY case law has no flaws and that other (international and national) courts should follow its law uncritically. Command responsibility is one of the most complex liability theories in international criminal law. Article 7(3) of the ICTY Statute, and the case law that ensues from does not fully do justice to the complexities of this liability theory. As a result, its nature remains ambiguous to date.
Keywords: command responsibility, successor superior responsibility, separate offence, Article 28 ICC Statute, layered concept
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