Journal Article

Superior Responsibility under Article 28 ICC Statute

Volker Nerlich

in Journal of International Criminal Justice

Volume 5, issue 3, pages 665-682
Published in print July 2007 | ISSN: 1478-1387
Published online July 2007 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqm033
Superior Responsibility under Article 28 ICC Statute

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Superior responsibility is a concept for attributing criminal liability to military commanders and other superiors that is employed with some frequency in the ad hoc international criminal tribunals. Nevertheless, it remains unclear for what the superior is actually blamed. The author argues that with respect to superior responsibility as construed in Article 28 ICC Statute the answer to this question depends on the form of superior responsibility for which the accused is found guilty. If the superior is held responsible for not having prevented or repressed the subordinate's crime even though the superior knew of the crime, he or she can be blamed for both, the criminal conduct of the subordinate and the wrongful consequence caused by it. For all other forms of superior responsibility, the superior can only be blamed for his or her failure to exercise control properly, which resulted in a wrongful consequence, but not for the criminal conduct of the subordinate.

Journal Article.  9280 words. 

Subjects: Criminal Law ; International Law

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