Bagosora failed to prevent or punish crimes committed by forces under his authority
E846007
This entity is a key judicial finding from the ICTR case against Théoneste Bagosora, establishing his criminal responsibility as a superior for atrocities committed by subordinates during the Rwandan genocide.
Statements (46)
| Predicate | Object |
|---|---|
| instanceOf |
finding of superior responsibility
ⓘ
judicial finding ⓘ legal conclusion ⓘ |
| appliesTo | Théoneste Bagosora NERFINISHED ⓘ |
| appliesToContext | non-international armed conflict in Rwanda ⓘ |
| appliesToPosition |
Rwandan military leadership
ⓘ
de facto authority over Rwandan armed forces ⓘ |
| basedOnRoleOf | Théoneste Bagosora as a superior ⓘ |
| category |
finding on individual criminal responsibility
ⓘ
finding on omission liability ⓘ |
| characterizedAs | key judicial finding in the Bagosora case ⓘ |
| citedAs | precedent on command responsibility in international criminal law ⓘ |
| concerns |
atrocities during the Rwandan genocide
ⓘ
crimes committed by subordinates ⓘ failure to prevent crimes ⓘ failure to punish crimes ⓘ |
| establishes |
criminal responsibility of Théoneste Bagosora as a superior
ⓘ
responsibility for acts of subordinates ⓘ |
| hasElement |
existence of superior–subordinate relationship
ⓘ
failure to take necessary and reasonable measures ⓘ knowledge or reason to know of crimes by subordinates ⓘ |
| hasLegalEffect | attribution of liability for subordinate crimes ⓘ |
| involves |
Interahamwe militia
NERFINISHED
ⓘ
Rwandan Armed Forces (FAR) NERFINISHED ⓘ |
| jurisdiction | International Criminal Tribunal for Rwanda NERFINISHED ⓘ |
| languageOfRecord | English ⓘ |
| legalDoctrine |
command responsibility
ⓘ
superior responsibility ⓘ |
| location | Rwanda NERFINISHED ⓘ |
| partOf | ICTR case against Théoneste Bagosora NERFINISHED ⓘ |
| recognizedBy | international criminal law scholarship ⓘ |
| relatesTo |
duty of military commanders to control forces
ⓘ
duty to investigate and punish subordinate crimes ⓘ |
| relatesToCrime |
crimes against humanity
GENERATED
ⓘ
genocide GENERATED ⓘ war crimes GENERATED ⓘ |
| relatesToDuty |
duty to maintain discipline among forces
GENERATED
ⓘ
duty to prevent foreseeable atrocities GENERATED ⓘ duty to punish perpetrators under one’s command GENERATED ⓘ |
| relatesToEvent | Rwandan genocide NERFINISHED ⓘ |
| sourceType | international criminal judgment ⓘ |
| supports | conviction of Théoneste Bagosora ⓘ |
| timePeriod | 1994 ⓘ |
| tribunal | ICTR NERFINISHED ⓘ |
| usedIn |
reasoning of ICTR Appeals Chamber
ⓘ
reasoning of ICTR Trial Chamber ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.
Prosecutor v. Théoneste Bagosora
→
notableFinding
→
Bagosora failed to prevent or punish crimes committed by forces under his authority
ⓘ