In Article 28 of the statute of the International Criminal Court (icc), there appear to be two kinds of omission, namely, a failure to control on the one hand, and a failure to prevent, repress and submit on the other. However, the relationship between both omissions remains unclear so far. This is a controversial topic not only in the scholarly debate but also in the recent jurisprudence of the icc. The core question is whether both omissions need to be proved separately (twofold-failures approach), or whether only the proof of the latter omission could suffice for the superior to be held responsible (single-failure approach). These two approaches could lead to different conclusions as to several aspects of superior responsibility: the ‘number’ of omissions that must be proved and the requirement of causality, for example. This article addresses the difference between these two approaches and demonstrates which approach should be adopted.
International Criminal Law Review – Brill
Published: Apr 1, 2018
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.
All for just $49/month
Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly
Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.
Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.
Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera