Subordinate's criminal responsibility
|Appeal Judgement - 03.07.2008||
18. […] For a superior to incur criminal responsibility under Article 7(3), in addition to establishing beyond reasonable doubt that his subordinate is criminally responsible, the following elements must be established beyond reasonable doubt:
i) the existence of a superior-subordinate relationship;
ii) that the superior knew or had reason to know that his subordinate was about to commit a crime or had done so; and
iii) that the superior failed to take the necessary and reasonable measures to prevent his subordinate’s criminal conduct or punish his subordinate.
 See Nahimana et al. Appeal Judgement, para. 484; Halilović Appeal Judgement, para. 59; Blaškić Appeal Judgement, para. 484; Aleksovski Appeal Judgement, para. 72. See also Trial Judgement, para. 294.
|ICTR Statute Article 6(3) ICTY Statute Article 7(3)|