The Law of Command Responsibility

Description

The book offers a unique study of the law of command or superior responsibility under international law. Born in the aftermath of the Second World War, the doctrine of superior responsibility provides that a military commander, a civilian leader or the leader of a terrorist, paramilitary or rebel group could be held criminally responsible in relation to crimes committed by subordinates even where he has taken no direct or personal part in the commission of these crimes. The basis of this type of liability lies in a grave and culpable failure on the part of the superior to fulfill his duties to prevent or punish crimes of subordinates. The idea that a superior could be held criminally responsible in relation to crimes of subordinates is central to the ability of international law to ensure compliance with standards of humanitarian law and it remains a most important legal instrument in the fight against impunity. Though it first developed in the international arena, the doctrine of superior responsibility has now spread into many domestic jurisdictions thus offering judicial and prosecutorial authorities a ready-made instrument to hold to account the leaders of men who knew of the crimes of their subordinates and failed to adequately respond to prevent or punish those crimes. This volume provides a comprehensive and insightful dissection of the doctrine of superior responsibility, the scope of its application, its elements as well as the evidential difficulties involved in establishing the criminal responsibility of a superior in the context of a criminal prosecution. Binder2_Redacted 9780199559329 Title_Pages Preface Acknowledgements Table_of_Cases 1.The_Evolution_of_the_Law_of_Command_Responsibility_and_the_Principle_of_Legality 2.The_Resurgence_of_International_Criminal_Justice_and_the_Rebirth_of_Command_Responsibility 3.Command_Responsibility_under_Customary_International_Law_and_the_Statute_of_the_International_Criminal_Court 4.Command_Responsibility_as_a_Sui_Generis_Form_of_Liability_for_Omission 5SCOPE~1 6.Military_Commanders_Civilian_Leaders_and_Other_Superiors_whether_De_Jure_or_De_Facto Binder3_Redacted 7.General_Remarks 8.Underlying_Offences 9.A_SuperiorSubordinate_Relationship_Between_the_Accused_and_Those_Who_Committed_the_Underlying_Offences 10.A_Culpable_State_of_Mind 11.Breach_of_a_Duty_and_Consequential_Failure_to_Prevent_or_to_Punish_Crimes_of_Subordinates Concluding_Remarks_A_Workable_Standard_of_Liability_for_Superiors Annex_Relevant_Provisions Bibliography Index