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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Law of Command Responsibility

Edited by: M.P.W. Brouwers

ISBN13: 9789058870506
Published: June 2012
Publisher: Wolf Legal Publishers
Country of Publication: The Netherlands
Format: Paperback
Price: £50.00

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International criminal tribunals have been entrusted with the judicial powers to hold natural persons individually criminally responsible, for the most serious international crimes, like genocide, crimes against humanity and other war crimes. Yet these international tribunals are limited in their investigative powers, and thus not capable of trying every single individual who took part in these international crimes. As a result, the international tribunals will have a strong focus on the ‘superiors’ of organized groups of individuals, like the military. This is where ‘the law of command responsibility’ will play a crucial role, as a legal tool for the international tribunals, to impose criminal liability on superiors, for the crimes of their subordinates.

Under international humanitarian law superiors will have a duty to ensure that their subordinates will comply with the rules of international humanitarian law in armed conflicts. Superiors will have this duty because of their position of command over, and their influence on, their subordinates.