Table of contents:
Element:
"573. To be held criminally responsible for ordering the commission of a crime, an accused must have instructed another person to engage in an act or an omission, and such instruction must have resulted in the commission of a crime. The accused must have held a position of authority over the other person, but it need not be formal and may even be temporary. However, there must be “proof of some position of authority on the part of the accused that would compel another to commit a crime in following the accused’s order”. The order need not be in written or any particular form, nor must it be transmitted directly to the physical perpetrator. As with planning and instigating, it need not be shown that the crime would not have been perpetrated but for the accused’s order, but the order must have had “a direct and substantial effect on the commission of the illegal act”. The accused must intend to order a crime, or must be aware of the substantial likelihood that a crime would be committed in the execution of the act or omission ordered."
"291. The Appeals Chamber recalls that a person in a position of authority may incur responsibility under Article 6(1) of the Statute for ordering another person to commit an offence if the order has a direct and substantial effect on the commission of the illegal act. Ordering, like any other form of responsibility, can be inferred from circumstantial evidence, provided it is the only reasonable inference available from the evidence."
