Criminal liability for the actions of subordinates - The doctrine of command responsibility and its analogues in United States law

Harvard International Law Journal

Volumn 38, Issue 1, 1997, Pages 272-297

  Wu, Timothy ^a   Kang, Yong Sung ^a  

^a NONE

Author keywords

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Indexed keywords

EID: 0031518053     PISSN: 00178063     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (2)

1. Commentators are in agreement that a superior bears "direct responsibility for . . . orders which may be unlawful." M. CHERIF BASSIOUNI, CRIMES AGAINST HUMANITY IN INTERNATIONAL CRIMINAL LAW 368 (1992).
2. In the event the prosecutor of the International Criminal Tribunal has been unable to effect personal service of an indictment to a particular defendant, Rule 61 of the procedural rules of the Tribunal allows for the convening of a Trial Chamber and a hearing in open court. The prosecutor may submit the evidence upon which the indictment was initially founded, and also call upon witnesses. The Trial Chamber then determines whether there are reasonable grounds for believing that the accused committed any or all of the crimes charged against him, and may issue an international arrest warrant based on its deliberations. See Rules of Procedure and Evidence of the International Tribunal for the Former Yugoslavia, Rule 61, U.N. Doc IT/32/Rev.3 (1995).