RADISLAV KRSTIC`S CASE AS AN EXAMPLE OF COMMANDER`S LIABILITY

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Katarzyna Zofia Czeszejko-Sochacka

Abstract

The issue of the military order is a very complex one. When giving or executing an order, one should always take into account the necessity to make choices. The decisions taken may in the future imply criminal liability as a consequence of the order that is contrary to legal norms or executing it. The purpose of the article is to present the problem of giving order from the perspective of the crimes committed in the former Yugoslavia, with a detailed account of R. Krstic’s case. The author tried to answer the questions: What is the scope of the commander's liability? Is he liable only for the orders he has given? Does this liability extend to the behavior of his subordinates as well? In the presented article an analysis of selected court cases important from the point of view of the problem of giving an order was carried out. For this purpose, the regulations of the International Military Tribunal at Nuremberg were analyzed. Subsequently, an analysis of selected court cases being investigated under the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia. In conclusion, are indicated the regulations of International Criminal Tribunal for Rwanda and the regulations of the Rome Statute of the International Criminal Court.

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How to Cite
Zofia Czeszejko-Sochacka, Katarzyna. 2021. “RADISLAV KRSTIC`S CASE AS AN EXAMPLE OF COMMANDER`S LIABILITY”. Journal of Liberty and International Affairs 5 (3):69-82. https://e-jlia.com/index.php/jlia/article/view/166.
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Author Biography

Katarzyna Zofia Czeszejko-Sochacka, University of Rzeszów, Poland

Katarzyna Czeszejko-Sochacka - PhD in law, at the Department of Criminal Law of the University of Rzeszow. Her main scientific interests include criminal law and international criminal law, in particular the issue of international crimes, but also violations of humanitarian law, crime and individual rights.