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The Evolution of the Law of Command Responsibility and the Principle of Legality

Guenael Mettraux

in The Law of Command Responsibility

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559329
eISBN:
9780191705304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559329.003.0001
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter discusses the birth and development of the doctrine of superior responsibility and the part which war crimes tribunals have played in developing and defining that doctrine.


Command Responsibility as a Sui Generis Form of Liability for Omission

Guenael Mettraux

in The Law of Command Responsibility

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559329
eISBN:
9780191705304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559329.003.0004
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter outlines the discussion surrounding the debate over the nature of the doctrine of superior responsibility as a form of criminal liability. It argues that command or superior ... More


A Culpable State of Mind

Guenael Mettraux

in The Law of Command Responsibility

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559329
eISBN:
9780191705304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559329.003.0010
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter discusses each and every aspect of the relevant mens rea or state of mind relevant to the doctrine of superior responsibility both under customary international law and in the Statute of ... More


Principals and Accessories

Elies van Sliedregt

in Individual Criminal Responsibility in International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199560363
eISBN:
9780191738623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199560363.003.0005
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter discusses principal and accessorial liability in international criminal law. It analyzes participation models in international criminal law through the lens of the approaches discerned ... More


Superior Orders

Elies van Sliedregt

in Individual Criminal Responsibility in International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199560363
eISBN:
9780191738623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199560363.003.0011
Subject:
Law, Public International Law, Criminal Law and Criminology

Superior orders is probably the best known defence in ICL; in case law as well as in scholarly debates. As the UN War Crimes Commission observed, ‘the plea of superior orders has been raised by the ... More


Atrocity Speech Law: Foundation, Fragmentation, Fruition

Gregory S. Gordon

Published in print:
2017
Published Online:
May 2017
ISBN:
9780190612689
eISBN:
9780190612719
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190612689.001.0001
Subject:
Law, Criminal Law and Criminology, Public International Law

Hate speech is widely considered a precondition for mass atrocity. Since World War II a large body of case law has interpreted the key offenses criminalizing such discourse: (1) incitement to ... More


Crime‐Specific and Leadership Modalities

Elies van Sliedregt

in Individual Criminal Responsibility in International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199560363
eISBN:
9780191738623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199560363.003.0007
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter discusses crime-specific modes of liability and theories of liability that are referred to as ‘leadership modalities’. The former regard complicity in genocide and inchoate crimes of ... More


Modes of Participation

Kevin Jon Heller

in The Nuremberg Military Tribunals and the Origins of International Criminal Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199554317
eISBN:
9780191728624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554317.003.0012
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter begins the discussion of the tribunals' jurisprudence concerning the modes of participation in a war crime or a crime against humanity by focusing on Article II(2)(a), (b), and (c) of ... More


Conspiracy, Enterprise Liability, and Criminal Membership

Kevin Jon Heller

in The Nuremberg Military Tribunals and the Origins of International Criminal Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199554317
eISBN:
9780191728624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554317.003.0013
Subject:
Law, Public International Law, Criminal Law and Criminology

The previous chapter bracketed two modes of participation included in Article II(2) of Law No. 10: being ‘connected with plans or enterprises’ involving the commission of a crime — enterprise ... More


Individual Criminal Responsibility

Philippa Webb

in The Special Tribunal for Lebanon: Law and Practice

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199687459
eISBN:
9780191767111
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199687459.003.0006
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter examines the hybrid approach taken by the Special Tribunal for Lebanon to the application of international and Lebanese approaches to modes of liability. It first considers the statutory ... More


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