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The Law of Command Responsibility

The Law of Command Responsibility
Author: Guénaël Mettraux
Publisher:
Total Pages: 342
Release: 2009-03-19
Genre: History
ISBN:

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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

Command Responsibility in International Criminal Law
Author: Chantal Meloni
Publisher: Asser Press
Total Pages: 298
Release: 2010-06-10
Genre: Law
ISBN:

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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.


Command Responsibility

Command Responsibility
Author: James B. Whisker
Publisher:
Total Pages: 160
Release: 2020-04
Genre: Command responsibility (International law)
ISBN: 9781680531336

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Command responsibility, or executive accountability, assumes that leaders are responsible for the actions of their subordinates. If subordinates misbehave, violate basic moral laws, transgress international law, or thwart international standards of behavior, their leader may be called before to justice. Standards that set the boundaries of human action have been evolving for many millennia, with some degree of precision arriving after the post-World War II international war crimes prosecutions. The United Nations and other organizations have helped codify the international law under which commanders may be held responsible. This book explores the factor that have moved civilization closer to a standard approach to rule of law and the accountability of leaders for the actions of those they command.


Justice in Extreme Cases

Justice in Extreme Cases
Author: Darryl Robinson
Publisher: Cambridge University Press
Total Pages: 327
Release: 2020-12-17
Genre: Law
ISBN: 1009028286

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In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.


Command Responsibility and Its Applicability to Civilian Superiors

Command Responsibility and Its Applicability to Civilian Superiors
Author: Maria L. Nybondas
Publisher: T.M.C. Asser Press
Total Pages: 0
Release: 2010
Genre: Law
ISBN: 9789067044431

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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.


Command Responsibility in International Criminal Law

Command Responsibility in International Criminal Law
Author: Chantal Meloni
Publisher: T.M.C. Asser Press
Total Pages: 0
Release: 2010
Genre: Law
ISBN: 9789067046053

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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 Armed Forces Officer

The Armed Forces Officer
Author: Richard Moody Swain
Publisher: Government Printing Office
Total Pages: 216
Release: 2017
Genre: Study Aids
ISBN: 9780160937583

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In 1950, when he commissioned the first edition of The Armed Forces Officer, Secretary of Defense George C. Marshall told its author, S.L.A. Marshall, that "American military officers, of whatever service, should share common ground ethically and morally." In this new edition, the authors methodically explore that common ground, reflecting on the basics of the Profession of Arms, and the officer's special place and distinctive obligations within that profession and especially to the Constitution.


Command Responsibility in International Criminal Law

Command Responsibility in International Criminal Law
Author: Chantal Meloni
Publisher: T.M.C. Asser Press
Total Pages: 286
Release: 2011-08-27
Genre: Law
ISBN: 9789067046060

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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.


Sharing Success - Owning Failure: Preparing to Command in the Twenty-First Century Air Force

Sharing Success - Owning Failure: Preparing to Command in the Twenty-First Century Air Force
Author: Colonel Usaf David L Goldfein
Publisher: CreateSpace
Total Pages: 132
Release: 2012-08-17
Genre:
ISBN: 9781479145065

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Command is the ultimate service. It is a time when we have the singular responsibility to create and lead strong Air Force units. A time when our passion for our Air Force and our vision for its future must be overwhelmingly clear. Early in the "Developing Aerospace Leaders" initiative, we began to focus on the way in which the institution teaches leadership and prepares airmen for command. What we found was a wide range of practices and a wide range of expectations - a complicating factor in today's Expeditionary Aerospace Force. We realize that preparing our officers to command effective, mission-oriented units must be a deliberate process. It must develop our unique airman perspective, creating commanders who are able to communicate the vision, have credibility in the mission area, and can lead our people with inspiration and heart. The foundation of our institution's effectiveness has always been its leaders. Colonel Goldfein's work provides valuable lessons learned and serves as a worthwhile tool to optimize your effectiveness as a squadron commander. This book is a must-read, not only for those selected to command a squadron but for all our young officers, helping them understand what the requirements of squadron command will be. Remember, command is a unique privilege - a demanding and crucial position in our Air Force. "Sharing Success - Owning Failure" takes you a step closer to successfully meeting that challenge.


Command Responsibility and Its Applicability to Civilian Superiors

Command Responsibility and Its Applicability to Civilian Superiors
Author: Maria L. Nybondas
Publisher: T.M.C. Asser Press
Total Pages: 256
Release: 2011-08-27
Genre: Law
ISBN: 9789067044448

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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.