Command Responsibility
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The Law Of Command Responsibility
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Author : Guénaël Mettraux
language : en
Publisher:
Release Date : 2009-03-19
The Law Of Command Responsibility written by Guénaël Mettraux and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-19 with History categories.
This is the first comprehensive guide to the law of command responsibility. Originally invoked against Nazi leaders for failing to prevent or punish crimes of subordinates, and more recently in the Yugoslav War Crimes Tribunal, command responsibility continues to be of importance in cases arising from the Iraq War and the War on Terror
Command Responsibility
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Author : James B. Whisker
language : en
Publisher:
Release Date : 2020-04
Command Responsibility written by James B. Whisker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04 with Command responsibility (International law) categories.
Command responsibility, or executive accountability, assumes that leaders are responsible for the actions of their subordinates. If subordinates misbehave, violate basic moral laws, transgress international law, or thwart international standards of behavior, their leader may be called before to justice. Standards that set the boundaries of human action have been evolving for many millennia, with some degree of precision arriving after the post-World War II international war crimes prosecutions. The United Nations and other organizations have helped codify the international law under which commanders may be held responsible. This book explores the factor that have moved civilization closer to a standard approach to rule of law and the accountability of leaders for the actions of those they command.
Command Responsibility In International Criminal Law
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Author : Chantal Meloni
language : en
Publisher: Asser Press
Release Date : 2010-06-10
Command Responsibility In International Criminal Law written by Chantal Meloni and has been published by Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-10 with Law categories.
This book offers an in-depth study of the command responsibility doctrine, pursuant to which military commanders and civilian leaders can be held responsible for the crimes committed by their subordinates that they failed to prevent or punish. This form of responsibility has gained much attention in the last years; however, it still presents several open questions and critical difficulties arise in its application. The author traces the roots of such criminal responsibility, from its military origins to its first appearances in international case law after World War II. Particular attention is given to the jurisprudence of the ad hoc Tribunals, which extensively elaborated on the issue, and to the provision of Article 28 of the Statute of the International Criminal Court. The book provides a systematic analysis of command responsibility, outlining its different forms and finding a proper role for it within the complex net of responsibilities that connotes the commission of international crimes. This book is an important contribution to the literature and worldwide discussion on command responsibility and therefore highly recommended to scholars of international law, criminal law and international criminal law as well as to all practitioners (judges, legal assistants, prosecutors, defence counsels) working at or with international tribunals, experts in the military field, investigators dealing with international crimes, NGOs and journalists. Chantal Meloni is working as a Researcher at the Criminal Law Department of the UniversitàdegliStudi of Milan, Italy. Since several years she specializes in international criminal law. She spent long research periods abroad, in particular at the Humboldt Universität of Berlin in Germany. She also worked at the International Criminal Court as a Legal Assistant in Chambers.
Command Responsibility And Its Applicability To Civilian Superiors
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Author : Maria L. Nybondas
language : en
Publisher: T.M.C. Asser Press
Release Date : 2010
Command Responsibility And Its Applicability To Civilian Superiors written by Maria L. Nybondas and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Article 28 of the Rome Statute explicitly provides that the command responsibility doctrine may be applied to both ‘commanders and other superiors', and sets out separate criteria for the two categories of superiors. The question arises how the doctrine should be applied by the International Criminal Court and by other international courts and tribunals. Up until now, the doctrine has been applied to both military and civilian superiors without a distinctive provision. The author examines the applicability of the command responsibility doctrine to civilian superiors, taking as a point of departure the origin of the doctrine and the unique position of the commander. An analysis of cases against civilian leaders identifies the challenges that prosecutors and judges face in these cases. The author provides, finally, an assessment of the remaining hurdles in the application of the doctrine, and offers a solution which is based on respect for the purpose of the doctrine. The book is a valuable source and tool for academics and practitioners in international criminal law and international humanitarian law, academics and students at National Defence Colleges, as well as military legal advisers and higher military officers. Maria L. Nybondas is an Associate Researcher at the T.M.C. Asser Instituut, The Hague, The Netherlands.
Command Responsibility And Its Applicability To Civilian Superiors
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Author : Maria L. Nybondas
language : en
Publisher: T.M.C. Asser Press
Release Date : 2011-08-27
Command Responsibility And Its Applicability To Civilian Superiors written by Maria L. Nybondas and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-27 with Law categories.
Article 28 of the Rome Statute explicitly provides that the command responsibility doctrine may be applied to both 'commanders and other superiors', and sets out separate criteria for the two categories of superiors. The question arises how the doctrine should be applied by the ICC and by other international courts and tribunals. Up until now, the doctrine has been applied to both military and civilian superiors without a distinctive provision. Maria L. Nybondas examines the applicability of the command responsibility doctrine to civilian superiors, taking as a point of departure the origin of the doctrine and the unique position of the commander. An analysis of cases against civilian leaders identifies the challenges that prosecutors and judges face in these cases. The book provides an assessment of the hurdles in the application of the doctrine, and offers a solution which is based on respect for the purpose of the doctrine.
The Law Of Command Responsibility
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Author : M. P. W. Brouwers
language : en
Publisher: International Courts Association
Release Date : 2012
The Law Of Command Responsibility written by M. P. W. Brouwers and has been published by International Courts Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Command responsibility (International law) categories.
International criminal tribunals have been entrusted with the judicial powers to hold natural persons individually responsible for the most serious international crimes, including genocide, crimes against humanity, and other war crimes. However, these international tribunals are limited in their investigative powers and thus are not capable of trying every single individual who takes part in these international crimes. As a result, international tribunals have placed a strong focus on the 'superiors' of organized groups of individuals, such as the military. This is where 'the law of command responsibility' plays a crucial role as a legal tool for international tribunals: to impose criminal liability on superiors for the crimes of their subordinates. Under international humanitarian law, superiors have a duty to ensure that their subordinates will comply with the rules of international humanitarian law in armed conflicts. Superiors have this duty because of their position of command over, and their influence upon, their subordinates. This book examines the importance of the law of command responsibility.
Walking Away From Nuremberg
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Author : Lawrence Rockwood
language : en
Publisher:
Release Date : 2007
Walking Away From Nuremberg written by Lawrence Rockwood and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with History categories.
This text places the author's own experience within the context of the American military doctrine of 'command responsibility', the set of rules that holds individual officers directly responsible for the commission of war crimes under their authority. The book traces the evolution of such a doctrine from the Civil War onwards.
Command Responsibility In International Criminal Law
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Author : Chantal Meloni
language : en
Publisher: T.M.C. Asser Press
Release Date : 2011-08-27
Command Responsibility In International Criminal Law written by Chantal Meloni and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-27 with Law categories.
Command responsibility doctrine allows military commanders and civilian leaders to be held responsible for crimes committed by their subordinates. This form of responsibility has gained much attention in recent years, but it still presents several open questions and critical difficulties arise in its application. Chantal Meloni's in-depth study of the doctrine traces the roots of such criminal responsibility, from its military origins to its first appearances in the international case law after World War II. Particular attention is paid to the jurisprudence of the ad hoc Tribunals, which extensively elaborated on the issue, and to the provision of Article 28 of the ICC Statute. The systematic analysis of command responsibility outlines its different forms and finds it a proper role within the complex net of responsibilities related to the commission of international crimes.
Command Responsibility In International Criminal Law
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Author : Chantal Meloni
language : en
Publisher: T.M.C. Asser Press
Release Date : 2010
Command Responsibility In International Criminal Law written by Chantal Meloni and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
This book offers an in-depth study of the command responsibility doctrine, pursuant to which military commanders and civilian leaders can be held responsible for the crimes committed by their subordinates that they failed to prevent or punish. This form of responsibility has gained much attention in the last years; however, it still presents several open questions and critical difficulties arise in its application. The author traces the roots of such criminal responsibility, from its military origins to its first appearances in international case law after World War II. Particular attention is given to the jurisprudence of the ad hoc Tribunals, which extensively elaborated on the issue, and to the provision of Article 28 of the Statute of the International Criminal Court. The book provides a systematic analysis of command responsibility, outlining its different forms and finding a proper role for it within the complex net of responsibilities that connotes the commission of international crimes. This book is an important contribution to the literature and worldwide discussion on command responsibility and therefore highly recommended to scholars of international law, criminal law and international criminal law as well as to all practitioners (judges, legal assistants, prosecutors, defence counsels) working at or with international tribunals, experts in the military field, investigators dealing with international crimes, NGOs and journalists. Chantal Meloni is working as a Researcher at the Criminal Law Department of the UniversitàdegliStudi of Milan, Italy. Since several years she specializes in international criminal law. She spent long research periods abroad, in particular at the Humboldt Universität of Berlin in Germany. She also worked at the International Criminal Court as a Legal Assistant in Chambers.
Command Responsibility
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Author : Adamin A. Tallow
language : en
Publisher:
Release Date : 1965
Command Responsibility written by Adamin A. Tallow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1965 with Command responsibility (International law) categories.