Einde inhoudsopgave
Statute of the Special Court for Sierra Leone
Artikel 6 Individual criminal responsibility
Geldend
Geldend vanaf 16-02-2002
- Bronpublicatie:
16-02-2002, Internet 2002, www.sc-sl.org (uitgifte: 16-02-2002, kamerstukken/regelingnummer: -)
- Inwerkingtreding
16-02-2002
- Bronpublicatie inwerkingtreding:
16-02-2002, Internet 2002, www.sc-sl.org (uitgifte: 16-02-2002, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Internationale tribunalen
1.
A person who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime referred to in articles 2 to 4 of the present Statute shall be individually responsible for the crime.
2.
The official position of any accused persons, whether as Head of State or Government or as a responsible government official, shall not relieve such person of criminal responsibility nor mitigate punishment.
3.
The fact that any of the acts referred to in articles 2 to 4 of the present Statute was committed by a subordinate does not relieve his or her superior of criminal responsibility if he or she knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior had failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.
4.
The fact that an accused person acted pursuant to an order of a Government or of a superior shall not relieve him or her of criminal responsibility, but may be considered in mitigation of punishment if the Special Court determines that justice so requires.
5.
Individual criminal responsibility for the crimes referred to in article 5 shall be determined in accordance with the respective laws of Sierra Leone.