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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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Command Responsibility and Its Applicability to Civilian Superiors

ISBN13: 9789067043274
Published: August 2010
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £53.99

Despatched in 7 to 9 days.

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.

International Criminal Law
1. Introduction
2. The legal basis for command responsibility
3. Command responsibility in armed conflict
4. Applying command responsibility to civilian superiors
5. Remaining hurdles in the application of the command responsibility doctrine
6. Synthesis: justified differentiation between military and civilian superiors?