Petrossian G (2019)
Publication Language: English
Publication Type: Journal article, Original article
Publication year: 2019
Series: Criminal Law Edition of Manitoba Law Journal
Book Volume: 42
Pages Range: 123 - 152
Journal Issue: 3
URI: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3451524
DOI: 10.2139/ssrn.3451524
Open Access Link: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3451524
In certain circumstances, rape and other forms of sexual violence have already been recognised as international crimes (i.e. war crimes, crimes against humanity and genocide). International criminal tribunals usually prosecute those most responsible for the crimes, who are often military commanders or civilian superiors, and not low-level perpetrators. Once it has been established that a sexual crime amounting to an international crime has been committed, the accused can be held accountable for sexual violence perpetrated by his/her subordinates under the doctrine of superior responsibility, providing that certain requirements are met. This paper recalls the elements of crimes of sexual violence developed under international law and the elements of superior responsibility, which serves to draw attention to certain issues pertaining to superior responsibility for sexual violence committed by subordinates.
APA:
Petrossian, G. (2019). Elements of Superior Responsibility for Sexual Violence by Subordinates. Manitoba Law Journal, 42(3), 123 - 152. https://doi.org/10.2139/ssrn.3451524
MLA:
Petrossian, Gurgen. "Elements of Superior Responsibility for Sexual Violence by Subordinates." Manitoba Law Journal 42.3 (2019): 123 - 152.
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