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Command Responsibility In International And National Law
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Book Synopsis Collective Responsibility and Accountability under International Law by : Shane Darcy
Download or read book Collective Responsibility and Accountability under International Law written by Shane Darcy and published by BRILL. This book was released on 2007-03-30 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that the extent of the potential liability of individuals for the acts of others is clarified and held up to rigorous scrutiny. It is of equal importance that there is a clear understanding of whether the means of responding to ongoing violations of international humanitarian law can include measures based on collective responsibility. Global events have created an impetus for the parameters of responsibility to be clearly defined. The rise of non-State actors within the international legal regime raises complex questions surrounding their status, power and the means for holding them accountable. Published under the Transnational Publishers imprint.
Book Synopsis Command Responsibility and Its Applicability to Civilian Superiors by : Maria L. Nybondas
Download or read book Command Responsibility and Its Applicability to Civilian Superiors written by Maria L. Nybondas and published by T.M.C. Asser Press. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Command Responsibility in International and National Law by :
Download or read book Command Responsibility in International and National Law written by and published by . This book was released on 2004 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Modes of Liability in International Criminal Law by : Jérôme de Hemptinne
Download or read book Modes of Liability in International Criminal Law written by Jérôme de Hemptinne and published by Cambridge University Press. This book was released on 2019-07-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Command Responsibility in International Criminal Law by : Chantal Meloni
Download or read book Command Responsibility in International Criminal Law written by Chantal Meloni and published by T.M.C. Asser Press. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Command Responsibility in International Criminal Law by : Chantal Meloni
Download or read book Command Responsibility in International Criminal Law written by Chantal Meloni and published by T.M.C. Asser Press. This book was released on 2011-08-27 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Principles of Direct and Superior Responsibility in International Humanitarian Law by : Ilias Bantekas
Download or read book Principles of Direct and Superior Responsibility in International Humanitarian Law written by Ilias Bantekas and published by Juris Publishing, Inc.. This book was released on 2002 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available as an ebook for the first time, Bantekas's 2002 title on the forms of criminal responsibility arising from violations of international humanitarian law examines the evolution of personal responsibility and its contemporary application to war crimes, crimes against humanity and genocide. It traces the origin and development of such concepts as direct participation, ordering, complicity and inciting. The work includes extensive analysis of the jurisprudence of the International Criminal Tribunals for Yugoslavia and Rwanda and the International Criminal Court, as well as a variety of other legal material. Hans-Peter Gasser, then editor of the International Review of the Red Cross, describes the book in his Foreword as 'an invaluable contribution to a better understanding of the role that criminal law can play in efforts to enhance respect for the rights of victims of violence and war'. This title in the Melland Schill Studies in International Law series is a useful text for all those who wish to understand the principles of criminal responsibility in international humanitarian law.
Book Synopsis The Execution of Illegal Orders and International Criminal Responsibility by : Hiromi Sato
Download or read book The Execution of Illegal Orders and International Criminal Responsibility written by Hiromi Sato and published by Springer Science & Business Media. This book was released on 2011-02-16 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal consequence of the superior orders defense has long been debated as one of the major problems in international criminal law. Several controversial issues such as the immunity of the state, the absolute character of military discipline, and immunity on the grounds of mistake of law and/or coercion have been complexly interwoven in the debates. The Execution of Illegal Orders and International Criminal Responsibility provides a comprehensive portrait of the relevant debates at the international level up to the present, analyzes the conflicting views, and shows the significance of the development of international rules for the superior orders defense as well as the implication of the fact that issues concerning some detailed or related rules have been left unresolved. This study presents to present a new standpoint not only on dealing with the problem of the superior orders defense but also on reconsidering the international stipulation of rulemaking with regard to criminal matters.
Book Synopsis The Law of Command Responsibility by : Guénaël Mettraux
Download or read book The Law of Command Responsibility written by Guénaël Mettraux and published by . This book was released on 2009-03-19 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Individual Criminal Responsibility in International Law by : Elies van Sliedregt
Download or read book Individual Criminal Responsibility in International Law written by Elies van Sliedregt and published by OUP Oxford. This book was released on 2012-03-01 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the concept of individual criminal responsibility for serious violations of international law, i.e. aggression, genocide, crimes against humanity and war crimes. Such crimes are rarely committed by single individuals. Rather, international crimes generally connote a plurality of offenders, particularly in the execution of the crimes, which are often orchestrated and masterminded by individuals behind the scene of the crimes who can be termed 'intellectual perpetrators'. For a determination of individual guilt and responsibility, a fair assessment of the mutual relationships between those persons is indispensable. By setting out how to understand and apply concepts such as joint criminal enterprise, superior responsibility, duress, and the defence of superior orders, this work provides a framework for that assessment. It does so by bringing to light the roots of these concepts, which lie not merely in earlier phases of development of international criminal law but also in domestic law and legal doctrine. The book also critically reflects on how criminal responsibility has been developed in the case law of international criminal tribunals and courts. It thus illuminates and analyses the rules on individual responsibility in international law.
Book Synopsis Reconciling Responsibility with Reality by : Johannes Block
Download or read book Reconciling Responsibility with Reality written by Johannes Block and published by Springer Nature. This book was released on with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Crimes Against Humanity in International Criminal Law by : M. Cherif Bassiouni
Download or read book Crimes Against Humanity in International Criminal Law written by M. Cherif Bassiouni and published by BRILL. This book was released on 2023-08-28 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Command Responsibility in Contemporary Law - a Study of the Customary International Law and the International Criminal Court by : Anna-Karin Holmlund
Download or read book Command Responsibility in Contemporary Law - a Study of the Customary International Law and the International Criminal Court written by Anna-Karin Holmlund and published by . This book was released on 2001 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Translating Guilt by : Cassandra Steer
Download or read book Translating Guilt written by Cassandra Steer and published by Springer. This book was released on 2017-02-26 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.
Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts
Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Command responsibility in international law by : Guénaël Mettraux
Download or read book Command responsibility in international law written by Guénaël Mettraux and published by . This book was released on 2008 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An Introduction to International Criminal Law and Procedure by : Robert Cryer
Download or read book An Introduction to International Criminal Law and Procedure written by Robert Cryer and published by Cambridge University Press. This book was released on 2010-05-27 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
