CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Arts. 25 and 28 Modes of liability » Superior responsibility
Superior responsibility
- M.1. A crime within the jurisdiction of the Court was committed or was about to be committed by the forces
- M.2. Superior and subordinate relationship not described in paragraph art. 28(a) of the Rome Statute existed between the perpetrator and the subordinates
- M.3. The perpetrator had effective authority and control over the subordinates
- M.4. The crimes concerned activities were within the effective responsibility and control of the perpetrator
- M.5. The crimes committed by the subordinates resulted from the perpetrator’s failure to exercise control properly over such subordinates
- M.6. The perpetrator failed to take the necessary and reasonable measures within his or her power to prevent or repress the commission of such crime or failed to submit the matter to the competent authorities for investigation and prosecution
- M.7. The perpetrator either knew or consciously disregarded information which clearly indicated that the subordinates were committing or about to commit such crimes
- M.8. The perpetrator was aware that he or she was superior and had effective authority and control over the subordinates
- M.9. The perpetrator was aware that crimes concerned activities within his or her effective responsibility and control
- M.10. The perpetrator was aware that his or her failure to take necessary and reasonable measures would result in the commission of crime by the subordinates
- M.11. The perpetrators was aware that he or she failed to take the necessary and reasonable measures within his or her power to prevent or repress crime or submit the matter for investigation and prosecution
