Absence of active participation in the criminal acts of subordinates
|Appeal Judgement - 20.02.2001||
DELALIĆ et al. (Čelebići)
After recalling that “proof of active participation by a superior in the criminal acts of subordinates adds to the gravity of the superior’s failure to prevent or punish those acts and may therefore aggravate the sentence”, the Appeals Chamber found that:
737. It must also be recognised, however, that absence of such active participation is not a mitigating circumstance. Failure to prevent or punish subordinate crimes is the relevant culpable conduct and lack of active participation in the crimes does not reduce that culpability.
 Čelebići Appeal Judgement, para. 736, referring to Alekovski Appeal Judgement, para. 183.