Public Law Studies Quarterly

Analyzing the Doctrine of the Civilian Superior ‎Responsibility Based on International Case law

Document Type : Article

Authors

Mohammadreza Barzegar 1
Bahman Saedi 2
Hossein Aghaee Jannatmakan 3

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

https://doi.org/10.22059/jplsq.2020.287685.2138
Abstract
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.

Keywords

Rome Statute
international ‎criminal tribunals
‎responsibility of civilian ‎superiors
Rwanda
the ‎former Yugoslavia‏.‏

  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).
Public Law Studies Quarterly
Volume 53, Issue 1
Spring 2023
Spring 2023
Pages 511-533

  • Receive Date 26 August 2019
  • Revise Date 22 February 2020
  • Accept Date 10 May 2020

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