M.7. The perpetrator was aware that he or she was military commander and had effective command and control or authorityand control over the forces

M.7. The perpetrator was aware that he or she was military commander and had effective command and control or authorityand control over the forces

Prosecutor v. Jadranko Prlić, Case No. IT-04-74-T, Judgement (TC), 29 May 2013, para. 245: 

"245. The Chamber first recalls, as does the Ćorić Defence in its Final Trial Brief, that to be held responsible for the crimes committed by his subordinates, the superior must be aware of his own effective control over them."

M.7.1. ICTR

According to the Nyiramashuko et al. Trial Chamber:

" An accused, however, cannot be held responsible for a subordinate’s criminal conduct before he or she assumed command over this subordinate."[1]