Command Responsibility And Its Applicability To Civilian Superiors

Author : Maria L. Nybondas
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 46,6 Mb
Release : 2010
Category : Law
ISBN : 9067044431

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Command Responsibility and Its Applicability to Civilian Superiors by Maria L. Nybondas Pdf

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.

Author : Maria L. Nybondas
Publisher : T.M.C. Asser Press
Page : 256 pages
File Size : 45,8 Mb
Release : 2011-08-27
Category : Law
ISBN : 906704444X

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Command Responsibility and Its Applicability to Civilian Superiors by Maria L. Nybondas Pdf

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.

Author : Maria L. Nybondas
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 41,9 Mb
Release : 2010-06-30
Category : Law
ISBN : 9067043273

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Command Responsibility and Its Applicability to Civilian Superiors by Maria L. Nybondas Pdf

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.

Author : Guénaël Mettraux
Publisher : Unknown
Page : 342 pages
File Size : 43,5 Mb
Release : 2009-03-19
Category : History
ISBN : STANFORD:36105134450746

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The Law of Command Responsibility by Guénaël Mettraux Pdf

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

Author : Yoram Dinstein,Arne Willy Dahl
Publisher : Springer Nature
Page : 151 pages
File Size : 51,6 Mb
Release : 2020-01-01
Category : Humanitarian law
ISBN : 9783030391690

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Oslo Manual on Select Topics of the Law of Armed Conflict by Yoram Dinstein,Arne Willy Dahl Pdf

This open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book was prepared by a group of experts after consultation with a number of key governments. It is intended to offer guidance for practitioners (mainly commanding officers); facilitate training at military colleges; and inform both instructors and graduate students of international law on the current state of the law.

Author : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Publisher : Cambridge University Press
Page : 610 pages
File Size : 47,6 Mb
Release : 2005-03-03
Category : Law
ISBN : 9780521808996

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Customary International Humanitarian Law by Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge Pdf

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Author : Chantal Meloni
Publisher : Asser Press
Page : 298 pages
File Size : 40,5 Mb
Release : 2010-06-10
Category : Law
ISBN : STANFORD:36105134522817

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Command Responsibility in International Criminal Law by Chantal Meloni Pdf

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.

Author : Jérôme de Hemptinne,Robert Roth,Elies van Sliedregt,Marjolein Cupido,Manuel J. Ventura,Lachezar Yanev
Publisher : Cambridge University Press
Page : 0 pages
File Size : 53,5 Mb
Release : 2019-07-11
Category : Law
ISBN : 1108492177

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Modes of Liability in International Criminal Law by Jérôme de Hemptinne,Robert Roth,Elies van Sliedregt,Marjolein Cupido,Manuel J. Ventura,Lachezar Yanev Pdf

Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.

Author : Laura Ausserladscheider Jonas
Publisher : BRILL
Page : 256 pages
File Size : 45,9 Mb
Release : 2021-12-28
Category : Law
ISBN : 9789004470934

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Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes by Laura Ausserladscheider Jonas Pdf

Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.

Author : Mark Klamberg
Publisher : Torkel Opsahl Academic EPublisher
Page : 819 pages
File Size : 40,5 Mb
Release : 2017-04-29
Category : Law
ISBN : 9788283481013

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Commentary on the Law of the International Criminal Court by Mark Klamberg Pdf

Author : Carmel O'Sullivan
Publisher : Springer
Page : 226 pages
File Size : 42,5 Mb
Release : 2016-09-22
Category : Social Science
ISBN : 9781137495815

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Killing on Command by Carmel O'Sullivan Pdf

This book explores the unique social and environmental factors which influence soldiers to commit war crimes. With a focus on decision-making processes, this monograph provides a significant interdisciplinary analysis of how soldiers decide to follow the commands of their superior officers, even if that means acting illegally. Making the key distinction between normal civilian society and the shocking realities of war, the author facilitates the reader with a comprehensive understanding of what a front-line soldier faces in contemporary combat situations. Killing on Command presents the limits of the law in preventing the occurrence of war crimes. Realistic and practical measures for armed conflict, including the regulation and prevention of violence, and the just implementation of legal standards are all questioned and examined in depth. Given a current focus on the regulation of conduct in war, and the recent prosecution of soldiers, this book will be of particular interest to scholars in the fields of criminology and international relations, as well as policy-makers.

Author : Rogier Bartels,Jeroen C. van den Boogaard,Paul A. L. Ducheine,Eric Pouw,Joop Voetelink
Publisher : T.M.C. Asser Press
Page : 459 pages
File Size : 42,5 Mb
Release : 2021-08-22
Category : Law
ISBN : 9462653976

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Military Operations and the Notion of Control Under International Law by Rogier Bartels,Jeroen C. van den Boogaard,Paul A. L. Ducheine,Eric Pouw,Joop Voetelink Pdf

This book is a tribute to the work of Professor Terry Gill, offered to him by friends and colleagues who are also academics and/or practitioners in the field of International Law of Military Operations (ILMO). ILMO is a distinct sub-discipline within public international law and domestic public law, covering all domains of military operations: land, sea, air and (cyber)space. As such, ILMO includes elements of other branches of public international law, such as international humanitarian law, human rights law, the law on the use of force, the law of the sea, the law of State responsibility, arms control law and the law of international organisations. Importantly, as a hybrid field of law, ILMO covers the legal basis for military deployment both nationally and internationally, as well as the subsequent international legal regimes applicable to the forces (once deployed) and the domestic administrative and constitutional issues related to the relevant forces. Control is a central notion of ILMO and is the leading theme of this book. The contributions in this book reflect the variety of legal frameworks applicable to military operations and offer an insightful view into the various legal and factual roles of control. The legal notion of control is considered, inter alia, in relation to restraints in the decision to deploy military forces and the legal basis for doing so. The impact of control is also discussed in relation to State and command responsibility and in different situations, including during peace operations, occupation and other situations of armed conflict. Additionally, control is considered over the armed forces themselves, over detainees migrants at sea and over the type or scale of force used in military operations, through targeting rules or rules of engagement. Furthermore, the book contains several discussions of control in the case law of international courts, within arms control law, weapons law and in the context of autonomous weapons systems. The editors of the book are all practitioners, academically affiliated to the Faculty of Military Sciences (War Studies) of the Netherlands Defence Academy and/or the Law Faculty of the University of Amsterdam.

Author : Robert Cryer
Publisher : Cambridge University Press
Page : 685 pages
File Size : 42,5 Mb
Release : 2010-05-27
Category : Law
ISBN : 9780521135818

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An Introduction to International Criminal Law and Procedure by Robert Cryer Pdf

This market-leading textbook gives an authoritative account of international criminal law, and the investigation and prosecution of crime, and guides the reader through controversies with an accessible and sophisticated approach. Now covers developments in the ICC, victims' rights, alternatives to international criminal justice, and has extended coverage of terrorism.

Author : Kathrin Strobel
Publisher : BRILL
Page : 302 pages
File Size : 50,5 Mb
Release : 2021-08-09
Category : Law
ISBN : 9789004462588

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Organized Crime and International Criminal Law by Kathrin Strobel Pdf

This book presents the first comprehensive study of international criminal jurisdiction over organized crime and demonstrates the potential of international law to bring leaders of cartels and trafficking rings to justice.

Author : Randle C. DeFalco
Publisher : Cambridge University Press
Page : 313 pages
File Size : 53,8 Mb
Release : 2022-03-17
Category : Law
ISBN : 9781108487412

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Invisible Atrocities by Randle C. DeFalco Pdf

This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.