Table of contents:
Element:
M.1.1. ICC
No judgment on this issue has been rendered, yet.
M.1.2. ICTY
After an in-depth assessment of the superior responsibilitys recognition in international law,[64] the Delalic et al. ("Čelebići") Trial Chamber:
"[c]oncludes that the principle of individual criminal responsibility of superiors for failure to prevent or repress the crimes committed by subordinates forms part of customary international law."[1]
In the Periić Judgment, the Trial Chamber stated that:
"Article 7(3) of the Statute is applicable to all acts referred to in Articles 2 and 5 of the Statute and applies to both international and non-international armed conflicts."[2]
M.1.3. ICTR
No judgments on this issue have been rendered.
Footnotes:
[1] ICTY, Prosecutor v. Delalić et al. ("Čelebići"), "Judgment", IT-96-21-T, 16 November 1998, para. 343. Confirmed in ICTY, Prosecutor v. Blakić ("Lava Valley"), "Judgment", IT- 3 March 2000, para. 290.
[2] ICTY, Prosecutor v. Periić, "Judgment", IT-04-81-T, 6 September 2011, para. 138 (footnote omitted).
