THE APPLICATION OF THE DOCTRINE OF COMMAND RESPONSIBILITY | IN INTERNATIONAL LAW - PROSECUTING THE LEADERS

The book explains the concept of commandresponsibility which is reflected in the statutes ofinternational criminal courts and tribunals that hearcases arising under international humanitarian law(for examples Article 28 of the Statute of theInternational Criminal Court, Article 6(3) of theStatute of the International Criminal Tribunal forRwanda and Article 7[3] of the Statute of theInternational Criminal Tribunal for the FormerYugoslavia), the superior would beresponsible under a theory of individual or personalcriminal responsibility. It will analyse a briefhistorical discussion and one recent case of thedoctrine of command responsibility with particularhighlight on its application as reflected in thejurisprudence of the International Criminal Tribunalfor the Former Yugoslavia (ICTY) and theInternational Criminal for Rwanda (ICTR).