Knowledge of the subordinates' identities

Notion(s) Filing Case
Appeal Judgement - 09.05.2007 BLAGOJEVIĆ & JOKIĆ
(IT-02-60-A)

287. The Appeals Chamber agrees that a superior need not necessarily know the exact identity of his or her subordinates who perpetrate crimes in order to incur liability under Article 7(3) of the Statute. […]

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ICTR Statute Article 6(3) ICTY Statute Article 7(3)
Notion(s) Filing Case
Judgement (volume III) - 29.11.2017 PRLIĆ et al.
(IT-04-74)

3172. […] The Appeals Chamber […] recalls that in order to incur liability under Article 7(3) of the Statute […] “physical perpetrators of crimes can be identified by category in relation to a particular crime site”.[1] […]

[1] Bizimungu Appeal Judgement, para. 79. See Karemera and Ngirumpatse Appeal Judgement, para. 370 (“Under certain circumstances, referring to an alleged subordinate by category can constitute sufficient notice of his or her identity”).

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