The Castiles, Old and New

The superior responsibility doctrine in international law: Historical continuities, innovation and criminality: Can East Timor's Special Panels bring militia leaders to justice?

“…The Eleventh Circuit Court of Appeals court upheld the jury directions, thus con rming that effective control must be established. 152 The Romagoza case was commenced against the same two generals, in their capacity as Ministers of Defence, seeking damages for violations committed by their subordinates between 1979-1983. Judge Hurley held that the effective control test required the plaintiff to establish, on the preponderance of evidence, that the superior had the "actual ability to control" his subordinates in the sense of having the actual ability to prevent the torture or punish the subordinates for committing the torture.…”