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Vol 21 No 9 Sept/Oct 2016

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Command Responsibility in International Criminal Law

ISBN13: 9789067043243
Published: June 2010
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £62.99

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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.

  • Deals with a very complicated form of responsibility that has hitherto not been sufficiently studied in international criminal law, especially from the criminal law perspective
  • Includes a complete analysis of the wide jurisprudence issued on the subject by international tribunals, in particular by the ICTY and ICTR, providing readers with detailed monitoring of the evolution of this mode of liability
  • Differentiates the different forms of superior responsibility and outlines their different natures and features from the point of view of criminal law principles, allowing readers to implement this mode of liability into domestic systems and to check its compatibility with fundamental principles of national criminal legislation

International Criminal Law
Introduction; 1. The principle of individual responsibility and the macro-dimension of international crimes; 2. Historical evolution of the command responsibility doctrine; 3. The elements of command responsibility in the jurisprudence of the ad hoc Tribunals; 4. Article 28 of the ICC Statute: the need to distinguish the basic forms of command responsibility; 5. The relationship between command responsibility and other modes of liability; 6. Conclusions.