The commentary addresses pertinent questions raised in the recent Appeals Judgement, which resulted in the acquittal of Halilović, pertaining to the doctrine of superior criminal responsibility. It analyses the nature of the required 'superior-subordinate (hierarchical) relationship' and the difficulties it gives rise to in determining the criminal responsibility of a de facto military commander, such as Halilović, who was the chief of the Supreme Command Staff of the Army of Bosnia and Herzegovina in 1993.
Tuesday, December 18, 2007
van der Wilt: Halilović on Appeal: The Intricate Concept of "Effective Control"
Harmen van der Wilt (Univ. of Amsterdam - Law) has posted Halilović on Appeal: The Intricate Concept of "Effective Control", a commentary on the ICTY Appeals Chamber's judgment in the Halilović case. Here's the abstract: