Leadership Responsibility in the International Criminal Law

Abstract

The ICC’s test of leaders "should have known". Are these tests the same or different? Which is "correct" or "better" from the normative point of view? The answers depend in part on the disputes involved. One is the causal contribution: Should the superior’s default encourage or facilitate the subordinate’s crimes? Another is the nature of command responsibility, which has also become a mystery: is it a kind of responsibility, a separate crime, or something entirely new? Driving responsibility can be greatly simplified. Where we will examine the causal contribution. Our research established that the two courts made a mistake early when, based on hasty reasoning, they rejected the causal contribution requirement.