<abstract xmlns="http://www.w3.org/1999/xhtml"><p>This article critically analyses an interpretation and application of necessary and reasonable measures to prevent or repress crimes committed by the subordinates in the <italic>Bemba</italic> case. The aim of the Article is to analyse the Pre-Trial Chamber, Trial Chamber and Appeal Chamber findings on necessary and reasonable measures in connection to responsibility of person effectively acting as a military commander. In doing critically analyses of the interpretation and application, this article evaluates legal challenges faced by the ICC in using superior responsibility, with special focus on the relevance of motives behind the measures taken by a superior or commander and the issue of remote commander. This study provides first comprehensive analysis of necessary and reasonable measures requirement in the <italic>Bemba</italic> case and as such, offers the latest development on the superior responsibility doctrine applicable at the ICC.</p></abstract>

This article critically analyses an interpretation and application of necessary and reasonable measures to prevent or repress crimes committed by the subordinates in the Bemba case. The aim of the Article is to analyse the Pre-Trial Chamber, Trial Chamber and Appeal Chamber findings on necessary and reasonable measures in connection to responsibility of person effectively acting as a military commander. In doing critically analyses of the interpretation and application, this article evaluates legal challenges faced by the ICC in using superior responsibility, with special focus on the relevance of motives behind the measures taken by a superior or commander and the issue of remote commander. This study provides first comprehensive analysis of necessary and reasonable measures requirement in the Bemba case and as such, offers the latest development on the superior responsibility doctrine applicable at the ICC.

Superior Responsibility in the <italic>Bemba</italic> Case – Analysis of the Court’s Findings on Necessary and Reasonable Measures

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Superior Responsibility in the  Case – Analysis of the Court’s Findings on Necessary and Reasonable Measures

This article critically analyses an interpretation and application of necessary and reasonable measures to prevent or repress crimes committed by the...

Superior Responsibility in the Bemba Case – Analysis of the Court’s Findings on Necessary and Reasonable Measures

Publié en ligne: 07 févr. 2020

Pages: 300 - 312

DOI: https://doi.org/10.2478/iclr-2019-0026

Mots clés
Superior responsibility, Bemba case, necessary and reasonable measures, remote commander, relevance of motives

© 2019 Michala Chadimová, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Superior Responsibility in the Bemba Case – Analysis of the Court’s Findings on Necessary and Reasonable Measures

Publié en ligne: 07 févr. 2020

Pages: 300 - 312

DOI: https://doi.org/10.2478/iclr-2019-0026

Mots clésSuperior responsibility, Bemba case, necessary and reasonable measures, remote commander, relevance of motives

© 2019 Michala Chadimová, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
Superior responsibility, Bemba case, necessary and reasonable measures, remote commander, relevance of motives