Chapter

The <i>Ad Hoc</i> Tribunals and the Law of Command Responsibility: A Quiet Earthquake

Robert Cryer

in Judicial Creativity at the International Criminal Tribunals

Published in print December 2010 | ISBN: 9780199591466
Published online January 2011 | e-ISBN: 9780191595585 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199591466.003.0008
The Ad Hoc Tribunals and the Law of Command Responsibility: A Quiet Earthquake

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This chapter looks at the judicial development of the doctrine of command responsibility before the ad hoc Tribunals. It demonstrates that despite command responsibility having a firm basis as a form of individual liability within the constituent statutes of both the Yugoslav and Rwanda Tribunals, its substantive development has nonetheless been dependent on creative judicial interpretation. In examining one particular limb of the doctrine, the chapter deconstructs the reasoning of majority and minority opinions in the Hadžihasanović and Oric cases showing not only the tensions between individual members of the bench but also the obvious reluctance to engage in what may be viewed as excessive judicial creativity.

Keywords: international criminal law; Yugoslavia; Rwanda; individual criminal responsibility; command responsibility; judicial interpretation; customary international law

Chapter.  13296 words. 

Subjects: Human Rights and Immigration

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