Prosecutor v Delić (Rasim), Judgment, Case no IT-04-83-T, ICL 736 (ICTY 2008), 15th September 2008, United Nations Security Council [UNSC]; International Criminal Tribunal for the Former Yugoslavia [ICTY]; Trial Chamber I [ICTY]
To what extent did compliance with the tactical combat orders, oral informal reporting, links with foreign authorities, and special treatments within combat units affect the effective control requirement proving individual criminal responsibility pursuant to Article 7(3) of the Statute of the International Criminal Tribunal for the former Yugoslavia.
How could elements of individual criminal responsibility (existence of a superior-subordinate relationship, establishment of knowledge or reason to know, and the implementation of necessary and reasonable measure to prevent or punish the crimes) be established beyond reasonable doubt.
Whether international law should prevail over domestic law in respect of duties arising from the superior’s obligation to prevent or punish crimes committed by his subordinates.
What the appropriate standard of evidence was in order to establish that the alleged crimes described in the indictment were linked to the armed conflict that took place in the territory of the Republic of Bosnia and Herzegovina.