Duty to suppress

Notion(s) Filing Case
Appeal Judgement - 22.04.2008 HADŽIHASANOVIĆ & KUBURA

264. […] The Appeals Chamber recalls that the Trial Chamber considered the duty to suppress to be part and parcel of a superior’s duty to prevent,[1] such that knowledge acquired by Kubura while his subordinates had begun and were still engaged in committing the acts of plunder in Vareš would be relevant to his duty to prevent those crimes.[2]

[1] Trial Judgement, para. 127: “The duty to suppress should be considered part of the superior’s duty to prevent, as its aim is to prevent further unlawful acts”.

[2] See Limaj Trial Judgement, para. 527: “The duty to prevent arises from the time a superior acquires knowledge, or has reasons to know that a crime is being or is about to be committed, while the duty to punish arises after the superior acquires knowledge of the commission of the crime”.

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