University of Tehran Public Law Studies Quarterly 2423-8120 53 1 2023 03 21 Analyzing the Doctrine of the Civilian Superior ‎Responsibility Based on International Case law Analyzing the Doctrine of the Civilian Superior ‎Responsibility Based on International Case law 511 533 90730 10.22059/jplsq.2020.287685.2138 FA Mohammadreza Barzegar Ph.D Student in Criminal Law and Criminology, University of Tehran, Tehran, Iran Bahman Saedi Ph.D Student in International Law, University of Tehran, Tehran, Iran 0000-0001-8704-3633 Hossein Aghaee Jannatmakan Associate Prof., Department of Law, Shahid Chamran University of Ahvaz,. Ahvaz, Iran Journal Article 2019 08 26 The International Criminal Tribunal for Rwanda tried many civilians who played a significant role in the 1994 Rwandan massacre while the civilian superior responsibility was not prescribed in the tribunal's statute. The current study employs a descriptive-analytical approach to examine the Rwandan tribunal's approach to the challenge of applying the doctrine of commander's responsibility to civilians and how this approach has influenced the Rome Statute. The findings of this article show that international criminal tribunals have generally accepted that the commander responsibility doctrine can be applied to civilians. Furthermore, the judicial reasonings in the Yugoslavia and Rwanda tribunals have served as a foundation for the contents of Article 28 of the Statute of the International Criminal Court. The International Criminal Tribunal for Rwanda tried many civilians who played a significant role in the 1994 Rwandan massacre while the civilian superior responsibility was not prescribed in the tribunal's statute. The current study employs a descriptive-analytical approach to examine the Rwandan tribunal's approach to the challenge of applying the doctrine of commander's responsibility to civilians and how this approach has influenced the Rome Statute. The findings of this article show that international criminal tribunals have generally accepted that the commander responsibility doctrine can be applied to civilians. Furthermore, the judicial reasonings in the Yugoslavia and Rwanda tribunals have served as a foundation for the contents of Article 28 of the Statute of the International Criminal Court. https://jplsq.ut.ac.ir/article_90730_fa09649961c5c38096ee815c1084b2f0.pdf