The ICC’s Doctrine of Superior Responsibility: A Threat to Sovereignty of States

The International Criminal Court (ICC) is a permanent international court established with the intention of bringing justice for the most heinous crimes against humanity, including genocide, war crimes, and crimes against humanity (McTaggart et al., 2022). The ICC is making an effort to establish a justice system capable of holding individuals accountable for the commission of these heinous crimes (Prakash, 2002), one of which is the doctrine of superior responsibility. This doctrine holds those in positions of authority responsible for crimes done by subordinates under their effective control, even if they did not personally conduct the crimes themselves. It is founded on the idea that those in positions of authority have a responsibility to prevent or punish crimes committed by those under their supervision. While the doctrine was created to deter future humanitarian violations, some states
argued that the application of the ICC’s doctrine poses a challenge or danger to the sovereignty of states (Bantekas, 2000).