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command (superior) responsibility

Leiden Journal of International Law (1)

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1 results

Command Responsibility of Civilian Superiors for Genocide
Alexander Zahar
Journal:

Leiden Journal of International Law / Volume 14 / Issue 3 / September 2001

Published online by Cambridge University Press:

03 March 2004, pp. 591-616

Print publication:

September 2001
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The article critically examines the use of the doctrine of command responsibility by the UN International Criminal Tribunal for Rwanda in two of its judgements, Kayishema & Ruzindana and Musema. It argues that in assessing superior-subordinate relationships the ICTR applied the wrong standard in both cases. While there is no doubt that civilian superiors are liable to prosecution for command responsibility, the doctrine will be properly operative only in cases where the superior's control of subordinates strongly resembles that enjoyed by military commanders. The article builds upon the arguments of the ICTY's Čelebići judgement on this point, and emphasises the difficulty in holding lower-ranking Rwandan civilians responsible as superiors for genocide committed by supposed subordinates.