Superior Responsibility and Other Components of the Model of Individual Attribution

This chapter discusses the regulations without which the normative description of the forms of criminal responsibility criminalized under the Statute would be incomplete. Thus, it begins with remarks dedicated to the superior responsibility. Whereas this concept alone could become the subject of a separate book, this chapter outlines the scope of Article 28 of the Rome Statute and describes its function amid other grounds of criminal responsibilityGrounds of criminal responsibility indicated in the Statute. It also sketches the doubts concerning the interpretation of Article 28 that arose on the grounds of the Bemba case. What is more, the chapter describes the practical relevance of Article 25(3bis) of the Rome Statute which refers to the criminal participation in the crime of aggression which constitutes an example of the leadership crime. The last part of the chapter focuses on the problems with a practical application of Article 25(3) of the Rome Statute to the offences criminalized in Article 70.