Civilian Superior Responsibility in the Kordić Case

Extract

With Milošević on trial, the work of the International Criminal Tribunal for the former Yugoslavia (hereinafter: ICTY) continues as does the need to solve insufficiently answered questions of international law. As most of the accused used to hold positions of high authority in the military or in the civil sphere, the doctrine of superior responsibility has been considered in several of the cases decided by the Tribunal. These cases, together with cases decided by the International Criminal Tribunal for Rwanda (hereinafter: ICTR), have led to a discussion of whether also civilian superiors can incur responsibility under the doctrine of superior responsibility. Namely, the doctrine used to be applied more in the military sphere to commanders that were part of the hierarchical command structure, and was as such of less importance to considerations of responsibility of non-military leaders.