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The judicial pronouncements of the case Prosecutor v. Bemba have been the first decisions of the International Criminal Court in matters of responsibility for omission of the superior (article 28 of the Rome Statute). Although this jurisprudence has meant the end of some of the problems raised by th...
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Format: | Article |
Language: | Spanish |
Published: |
2023
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=9006415 |
Source: | Revista de Estudios Jurídicos y Criminológicos, ISSN 2660-7964, Nº. 7, 2023, pags. 51-86 |
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Summary: |
The judicial pronouncements of the case Prosecutor v. Bemba have been the first decisions of the International Criminal Court in matters of responsibility for omission of the superior (article 28 of the Rome Statute). Although this jurisprudence has meant the end of some of the problems raised by the scholarly doctrine of international criminal Law, many other issues have been left unsolved. After a review of the facts of the case and its judicial decisions, this paper proposes an interpretation of the omission responsibility that emanates from article 28(a) of the Rome Statute, giving a leading role to the interpretation of the ‘commission by omission’ of continental law. |
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