Spelling suggestions: "subject:"informal civilian"" "subject:"unformal civilian""
1 |
The application of command responsibility in informal civilian relationships: for international crimes-lessons from the ICTRMhuru, Tapiwa Agripa 18 September 2017 (has links)
LLM / Department of Public Law / Since the birth of international criminal justice, the imposition of individual criminal
responsibility has been expanded as evidenced by the instruments establishing the
institutional mechanisms, at least, from Nuremberg to the Rome Statute of the
International Criminal Court. The prescriptions of the imposition of criminal
responsibility in international criminal law take cognizance of the fact that both top
civilian and military personnel commit heinous crimes. However, until the
establishment of the International Criminal Tribunal of Rwanda (ICTR), such
prescriptions covering individuals who find themselves within informal civilian
relationships had not earned much focus, be it at the identification of responsible
individuals to their prosecution and conviction. Events in Rwanda during the 1994
genocide that led to the establishment of the ICTR revealed the involvement of this
category of individuals. While their involvement took diverse forms, at different times,
only some of them were identified and successfully prosecuted and convicted for the
offences over which the ICTR has jurisdiction. This category of individuals (those
falling under the rubric of informal civilian relationships) has not been addressed by
scholarship on international crimes. This dissertation identifies such individuals,
examines the allegations against them, the factual findings of the different Trial
Chambers and develops a set of rules as well as lessons to be learnt from the trial and
appellate proceedings
|
Page generated in 0.0664 seconds