Successor liability

Notion(s) Filing Case
Decision on Command Responsibility - 16.07.2003 HADŽIHASANOVIĆ et al.

51.     […] [T]he Appeals Chamber holds that an accused cannot be charged under Article 7(3) of the Statute for crimes committed by a subordinate before the said accused assumed command over that subordinate. […]

See also paragraphs 45-50.


[1] See Ojdanić Decision, paras. 9-10.

[2] See Prosecutor v. Milutinović, Sainović & Ojdanić, Case No. IT-99-37-AR72, “Decision on Dragolub Ojdanić’s Motion Challenging Jurisdiction—Joint Criminal Enterprise,” 21 May 2003, para. 9 (“The scope of the Tribunal’s jurisdiction ratione materiae may therefore said to be determined both by the Statute, insofar as it sets out the jurisdictional framework of the International Tribunal, and by customary international law, insofar as the Tribunal’s power to convict an accused of any crime listed in the Statute depends on its existence qua custom at the time this crime was allegedly committed.”).  See also Čelebići Appeal Judgment, para. 178.

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