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21 Int'l Crim. L. Rev. 445 (2021)
A Commander's Motivations and Geographical Remoteness under Command Responsibility: An Analysis of Controversial Issues of the Bemba Appeal Judgment

handle is hein.journals/intcrimlrb21 and id is 446 raw text is: INTERNATIONAL CRIMINAL LAW REVIEW crinal Crimnal Law BILL 21 (2021) 445-475 Reiew N IJ H O F F brill.com/icla A Commander's Motivations and Geographical Remoteness under Command Responsibility: An Analysis of Controversial Issues of the Bemba Appeal Judgment Matteo Colorio Faculty of Law, University degli Studi di Trento, Trento, Italy matteo.colorio@wustt.edu; matteo.colorio@studenti.unitn.it Abstract The Bemba Appeal Judgment undermines confident prospects that the International Criminal Court could make a greater use of charges alleging command responsibility. This judgment introduces serious uncertainties in the law on command responsibility, in particular by reflecting long-lasting disputes concerning this doctrine on the 'all necessary and reasonable measures' element under Article 28 of the Rome Statute. The Bemba Appeal Judgment, indeed, includes a controversial evaluation of the relevance of a commander's motivations in taking measures and of her geographical remoteness from the crime scene. This Article analyses these issues through the lenses of International Humanitarian Law and of fundamental principles of International Criminal Law, in particular the principle of legality and the principle of individual culpability. Keywords Bemba - command responsibility - motivations - geographical remoteness - principle of legality - principle of individual culpability © KONINKLIJKE BRILL NV, LEIDEN, 2021 DOI:10.1163/15718123-BJA10072

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