The impact of the jurisprudence of the International Criminal Tribunal for the former Yugoslavia on the development of the commander's individual liability under international criminal law

Abstract

The issue of military command is an issue which, under the rules of international criminal law, involves a number of numerous issues, related to the regime of commander liability. The case of Russia's armed assault on Ukraine and the questions arising in connection with the possibility of prosecuting the President of the Russian Federation, as well as military commanders - has revived the discussion on the issue of criminal liability of the main actors in these events. If the trials took place, those in leadership positions would be tried under the regime of commander’s liability. Since the Nuremberg Tribunal, the issue of superior responsibility has undergone extensive changes. The article presents the influence of the jurisprudence of the Yugoslav tribunal on the formation of regulations on military command. This is because it was the first international court that had to face this issue. The International Criminal Court built on its experience, clarified the concept of commander's liability and supplemented it with new components.