Link between accused and perpetrators: remoteness
|Appeal Judgement - 03.07.2008||
20. First, Orić submits that a superior cannot, as a matter of law, incur criminal responsibility under Article 7(3) of the Statute when the link to the perpetrators of the crimes at issue is “too remote”. The Appeals Chamber recalls that the concept of effective control is the threshold to be reached in establishing a superior-subordinate relationship for the purpose of Article 7(3) of the Statute. Whether the effective control descends from the superior to the subordinate culpable of the crime through intermediary subordinates is immaterial as a matter of law; instead, what matters is whether the superior has the material ability to prevent or punish the criminally responsible subordinate. The separate question of whether – due to proximity or remoteness of control – the superior indeed possessed effective control is a matter of evidence, not of substantive law. Likewise, whether the subordinate is found to have participated in the crimes through intermediaries is immaterial as long as his criminal responsibility is established beyond reasonable doubt.
 Orić Appeal Brief, paras. 8 and 9; Orić Reply Brief, paras. 16 and 17; AT. 1 April 2008, pp. 39, 61.
 Halilović Appeal Judgement, para. 59, referring to Čelebići Appeal Judgement, para. 256.
 See Blaškić Appeal Judgement, para. 69.