Duty to suppress » ICTR/ICTY/IRMCT Case Law Database

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Duty to suppress

Notion(s)	Filing	Case
Superior responsibility \| Duty to suppress	Appeal Judgement - 22.04.2008	HADŽIHASANOVIĆ & KUBURA (IT-01-47-A)
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] show footnotes [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”. Download full document