The Statute of the International Criminal Tribunal for Rwanda: Article 6 Responsibilities

The Statute of the International Criminal Tribunal for Rwanda: Article 6 Responsibilities The Law and Practice of International Courts and Tribunals 1 : 343–366, 2002. © 2002 Kluwer Law International. Printed in the Netherlands . THE STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA: ARTICLE 6 RESPONSIBILITIES A LEX O BOTE -O DORA ∗ I. I NTRODUCTION Article 6 of the Statute of the International Criminal Tribunal for Rwanda (“the Statute”) imposes two types of responsibility. Article 6 (1) imposes direct individual criminal responsibility, while Article 6 (3) incorporates the customary law doctrine of command responsibility and establishes imputed responsibility on superiors for criminal acts or omissions of their subordinates. Article 6 (1) of the Statute defines the modalities of participation that give rise to individual criminal responsibility. For example, under Article 6 (1), accomplices as well as principal offenders may incur individual criminal responsibility for the commission of a crime. Thus, an accused head of State or other Government official cannot evade responsibility on the grounds merely that he or she, at the time the crime was committed, held such office and therefore enjoys immunity. Similarly, a superior cannot evade responsibility for the criminal acts or omissions of his or her subordinates under certain conditions. Furthermore, an accused acting http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Law & Practice of International Courts and Tribunals Brill

The Statute of the International Criminal Tribunal for Rwanda: Article 6 Responsibilities

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Publisher
Brill
Copyright
© 2002 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-1853
eISSN
1571-8034
D.O.I.
10.1163/157180302760505370
Publisher site
See Article on Publisher Site

Abstract

The Law and Practice of International Courts and Tribunals 1 : 343–366, 2002. © 2002 Kluwer Law International. Printed in the Netherlands . THE STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA: ARTICLE 6 RESPONSIBILITIES A LEX O BOTE -O DORA ∗ I. I NTRODUCTION Article 6 of the Statute of the International Criminal Tribunal for Rwanda (“the Statute”) imposes two types of responsibility. Article 6 (1) imposes direct individual criminal responsibility, while Article 6 (3) incorporates the customary law doctrine of command responsibility and establishes imputed responsibility on superiors for criminal acts or omissions of their subordinates. Article 6 (1) of the Statute defines the modalities of participation that give rise to individual criminal responsibility. For example, under Article 6 (1), accomplices as well as principal offenders may incur individual criminal responsibility for the commission of a crime. Thus, an accused head of State or other Government official cannot evade responsibility on the grounds merely that he or she, at the time the crime was committed, held such office and therefore enjoys immunity. Similarly, a superior cannot evade responsibility for the criminal acts or omissions of his or her subordinates under certain conditions. Furthermore, an accused acting

Journal

The Law & Practice of International Courts and TribunalsBrill

Published: Jan 1, 2002

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