Document Type : Article


1 Ph.D Student in Criminal Law and Criminology, University of Tehran, Tehran, Iran

2 Ph.D Student in International Law, University of Tehran, Tehran, Iran

3 Associate Prof., Department of Law, Shahid Chamran University of Ahvaz,. Ahvaz, Iran



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.


  1. References in Persian:

    1. A) Books
    2. Aghaye Jannat-Makan, H. (2007), Trial of power: criminal responsibility of superiors and their subordinates in international criminal law, ganjedanesh Publication (In Persian).
    3. Boas, Gideon; Bischoff, James L. (Attorney-Adviser) & Reid, Natalie L. (2016), Forms of responsibility in international criminal law, translated by Aghaye Jannat-Makan, H, Tehran: Jungle Publication (In Persian).
    4. Hamed, soheila (2007), universal jurisdiction, Tehran: Academic Center for Education, Culture and Research (Persian: Jahād-e Dāneshgāhi) Publication (In Persian).
    5. Mir Mohammad Sadeghi, H. (2004), International Criminal Court, Tehran: Dadgostar Publication (In Persian).


    1. B) Article
    2. Mir Mohammad Sadeghi, H. (2004),“The responsibility of subordinate officers and superior officials in the statute of the International Criminal Court”, Legal Research Quarterly, Vol. 7, Issue 39 – Serial, No. 39 (In Persian).
    3. Salahi, Sohrab (2016), “Superior Criminal Responsibility for Violations of Human Rights and Humanitarian Rules and Regulations of the US Forces in the Occupation of Iraq”, International Law Review (ILR), Vol. 32, Issue 53, pp 255-286 (In Persian).
    4. Zamani, Seyyed Ghasem, Hosseini Akbarnezhad, Haleh, (2015), “International community and universal criminal justice”, Public Law Studies Quarterly, Vol.45, Issue 3 - Serial Number 3, pp. 315-339 (In Persian).