International Criminal Law - Superior Responsibility

International Criminal Law - Superior Responsibility

Assignment 1 (Individual Criminal Responsibility) (Townsend) Assignment 1. The assignment represents 50% of course grade.
Please write a memorandum to your supervisor, a new ICC Judge, discussing superior responsibility and analyzing case law, including:

A. Elements of superior responsibility at ICTY under Art. 7(3);

B. Elements of superior responsibility at ICC under Art. 28;

C. Similarities and differences between these provisions of the ICTY and the ICC;

D. A detailed analysis of the holdings of the ICC Appeal Judgement in the Bemba case (8 June 2018), as composed of the four opinions (majority, separate and dissenting opinions), especially as to:

(1) mens rea;

(2) a superior’s duty to take reasonable and necessary measures to prevent, punish or submit the matter to competent authorities;

(3) notice now required to charge a commander for his/her failure to take reasonable and necessary measures, and;

(4) causation.

E. Please also end your memo with a recommendation as to which
approach the ICC should take in the future to settle the question of the applicable mens rea for superior responsibility at the ICC, by providing a reasoned argument.

Grading:

A to C. One point will be awarded for an accurate and clear answer addressing each of parts A, B and C.

D. Four points will be awarded for an accurate and clear answer addressing part D. E. Two points will be awarded for part E

One point will be awarded for presentation / structure / formatting / style / use of standard English.
An excellent memo will accurately analyse the legal provisions, relevant jurisprudence, note areas of contention, focus on the issue, provide the clear, critical thinking of the author, and use correct citation format.

FOOTNOTE -OSCOLA