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, Ahvaz Shahid Chamran University, 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.
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