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The Legacy of the International Criminal Tribunal for the Former Yugoslavia$
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Bert Swart, Alexander Zahar, and Göran Sluiter

Print publication date: 2011

Print ISBN-13: 9780199573417

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199573417.001.0001

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Command Responsibility at the ICTY—Three Generations of Case-law and still Ambiguity

Command Responsibility at the ICTY—Three Generations of Case-law and still Ambiguity

Chapter:
(p.377) 13 Command Responsibility at the ICTY—Three Generations of Case-law and still Ambiguity
Source:
The Legacy of the International Criminal Tribunal for the Former Yugoslavia
Author(s):

Elies van Sliedregt

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199573417.003.0014

ICTY case law has been instrumental in developing the concept of command responsibility. In creating a basic model of liability, firmly entrenched in the three basic elements identified in the Čelebići case, the Tribunal has done international criminal law a service. This is not to say that ICTY case law has no flaws and that other (international and national) courts should follow its law uncritically. Command responsibility is one of the most complex liability theories in international criminal law. Article 7(3) of the ICTY Statute, and the case law that ensues from does not fully do justice to the complexities of this liability theory. As a result, its nature remains ambiguous to date.

Keywords:   command responsibility, successor superior responsibility, separate offence, Article 28 ICC Statute, layered concept

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