Einde inhoudsopgave
Statute of the Special Tribunal for Lebanon
Article 3 Individual criminal responsibility
Geldend
Geldend vanaf 30-05-2007
- Redactionele toelichting
Bron: www.stl-tsl.org.
- Bronpublicatie:
30-05-2007, Internet 2007, 000 (uitgifte: 30-05-2007, regelingnummer: 1757(2007))
- Inwerkingtreding
30-05-2007
- Bronpublicatie inwerkingtreding:
30-05-2007, Internet 2007, 000 (uitgifte: 30-05-2007, regelingnummer: 1757(2007))
- Vakgebied(en)
Staatsrecht / Nationaliteitsrecht
Internationaal strafrecht / Internationale tribunalen
1.
A person shall be individually responsible for crimes within the jurisdiction of the Special Tribunal if that person:
- (a)
Committed, participated as accomplice, organized or directed others to commit the crime set forth in article 2 of this Statute; or
- (b)
Contributed in any other way to the commission of the crime set forth in article 2 of this Statute by a group of persons acting with a common purpose, where such contribution is intentional and is either made with the aim of furthering the general criminal activity or purpose of the group or in the knowledge of the intention of the group to commit the crime.
2.
With respect to superior and subordinate relationships, a superior shall be criminally responsible for any of the crimes set forth in article 2 of this Statute committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where:
- (a)
The superior either knew, or consciously disregarded information that clearly indicated that the subordinates were committing or about to commit such crimes;
- (b)
The crimes concerned activities that were within the effective responsibility and control of the superior; and
- (c)
The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.
3.
The fact that the person acted pursuant to an order of a superior shall not relieve him or her of criminal responsibility, but may be considered in mitigation of punishment if the Special Tribunal determines that justice so requires.