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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
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.
The book shows how moral theory can challenge and improve international criminal law and how extreme cases can challenge and improve mainstream theory.
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 : M. P. W. Brouwers Publisher : International Courts Association Page : 0 pages File Size : 54,9 Mb Release : 2012 Category : Command responsibility (International law) ISBN : 9058870502
The Law of Command Responsibility by M. P. W. Brouwers Pdf
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.
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.
Complicity in International Law by Miles Jackson Pdf
Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.
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.
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.
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 : Allan A. Ryan Publisher : University Press of Kansas Page : 408 pages File Size : 50,8 Mb Release : 2014-10-17 Category : History ISBN : 9780700620142
"I don't blame my executioners. I will pray God bless them. " So said General Tomoyuki Yamashita, Japan's most accomplished military commander, as he stood on the scaffold in Manila in 1946. His stoic dignity typified the man his U.S. Army defense lawyers had come to deeply respect in the first war crimes trial of World War II. Moments later, he was dead. But had justice been served? Allan A. Ryan reopens the case against Yamashita to illuminate crucial questions and controversies that have surrounded his trial and conviction, but also to deepen our understanding of broader contemporary issues-especially the limits of command accountability. The atrocities of 1944 and 1945 in the Philippines-rape, murder, torture, beheadings, and starvation, the victims often women and children-were horrific. They were committed by Japanese troops as General Douglas MacArthur's army tried to recapture the islands. Yamashita commanded Japan's dispersed and besieged Philippine forces in that final year of the war. But the prosecution conceded that he had neither ordered nor committed these crimes. MacArthur charged him, instead, with the crime-if it was one-of having "failed to control" his troops, and convened a military commission of five American generals, none of them trained in the law. It was the first prosecution in history of a military commander on such a charge. In a turbulent and disturbing trial marked by disregard of the Army's own rules, the generals delivered the verdict they knew MacArthur wanted. Yamashita's lawyers appealed to the U.S. Supreme Court, whose controversial decision upheld the conviction over the passionate dissents of two justices who invoked, for the first time in U.S. legal history, the concept of international human rights. Drawing from the tribunal's transcripts, Ryan vividly chronicles this tragic tale and its personalities. His trenchant analysis of the case's lingering question-should a commander be held accountable for the crimes of his troops, even if he has no knowledge of them-has profound implications for all military commanders.
The Law and Practice of the International Criminal Court by Carsten Stahn Pdf
The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Principles of International Criminal Law by Gerhard Werle,Florian Jessberger Pdf
Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.
Command Responsibility in International Criminal Law by Chantal Meloni Pdf
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.
The Doctrine of Command Responsibility and the Need to Avoid Arbitrary Punishments by Deborah Civico Pdf
When should a superior be held responsible for the crimes of his subordinates? Power and Responsibility are to be seen as a continuum, with one flowing from the other. What often emerges is the idea of a power which, pretending to do well, has in it the seeds of "evil". An "evil" restrained, but always ready to manifest in exceptional moments, as a surplus of sovereignty. Thus, having power can influence a person to abridge the limits of morality and infringe upon the rights of others. A leader, under the "intoxication" of power, could refuse to respect the rights of others, and become irresponsible and unaccountable. Moving along the same idea, responsibility without power becomes meaningless. Unless a person has been entrusted with an adequate amount of power, the responsibility entrusted cannot be performed. Thus, power and responsibility require the support of each other in every walk of life. Power and Responsibility: that is where Command Responsibility comes from. [Subject: Criminal Law]