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.

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Statements (46)

Predicate Object
instanceOf finding of superior responsibility
judicial finding
legal conclusion
appliesTo Théoneste Bagosora
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
Rwandan Armed Forces (FAR)
jurisdiction International Criminal Tribunal for Rwanda
languageOfRecord English
legalDoctrine command responsibility
superior responsibility
location Rwanda
partOf ICTR case against Théoneste Bagosora
recognizedBy international criminal law scholarship
relatesTo duty of military commanders to control forces
duty to investigate and punish subordinate crimes
relatesToCrime crimes against humanity
genocide
war crimes
relatesToDuty duty to maintain discipline among forces
duty to prevent foreseeable atrocities
duty to punish perpetrators under one’s command
relatesToEvent Rwandan genocide
sourceType international criminal judgment
supports conviction of Théoneste Bagosora
timePeriod 1994
tribunal ICTR
usedIn reasoning of ICTR Appeals Chamber
reasoning of ICTR Trial Chamber

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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