The Crime of Genocide: National and International Theories and Practices. The Judgment of Hierarchical Responsible in Genocidal Processes. Dialogues and Comparative Experiences: From International Criminal Court to Argentina ESMA Trial

Document Type : Original Article

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Assistant Professor at University Law School of Buenos Aires (Argentina)

Abstract

Genocides and crimes against humanity may involve the highest political leaders and high-ranking military officials. These leaders can be far from the actual site of the crimes, and not engaging personally in any of the material elements of the crime charged. The present work will address theoretical and jurisprudential discussions regarding diverse forms of intervention in punishable acts, to analyze how to attribute individual criminal responsibility of the superior for the acts of their subordinates. Whether they are military commanders or not. I will compare the development of hierarchical responsibility or the responsibility of the Commander-in-Chief within international law, based on the Nuremberg judicial proceedings to the present with the International Criminal Court and the “ESMA Trial” about individual criminal responsibility in the Argentina Navy base between 1976 and 1983. To achieve this objective, I will analyze the distinct forms of how responsibility is assigned, and referenced in art. 25.3 (a) and art. 28 of the Roman Statute and the adaptation with the rules and regulations of decisions of the International Criminal Court.

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Journal of International Criminal Law
Volume 4, Issue 2
December 2023
Pages 73-81

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