Subordinate's criminal responsibility

Notion(s) Filing Case
Appeal Judgement - 03.07.2008 ORIĆ Naser

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.[1]

[1] 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. 

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ICTR Statute Article 6(3) ICTY Statute Article 7(3)