43. Command Responsibility And The Principle Of Individual Criminal Responsibility: A Critical Analysis Of International Jurisprudence

Abstract

'Command Responsibility' has become a principle of international criminal law through both the case law of international criminal tribunals and codification in international legal instruments. This chapter examines the formulation of command responsibility in legal texts such as Article 7(3) of the Statute of the International Criminal Tribunal for the former Yugoslavia (ICTY), Article 6(3) of the Statute of the International Tribunal for Rwanda (ICTR) and Article 28 of the Rome Statute of the International Criminal Court (ICC), as well as its construction by courts and tribunals. It also examines the different scenarios and forms of liability that the commander's omission to prevent or punish crimes can give rise to by upholding at the same time the distinction international jurisprudence makes between command responsibility and other modes of individual responsibility. Keywords: command responsibility; individual responsibility; International Criminal Court (ICC); International Criminal Tribunal for the former Yugoslavia (ICTY); international jurisprudence; International Tribunal for Rwanda (ICTR)