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The Ad Hoc Tribunals and the Law of Command Responsibility: A Quiet Earthquake

Robert Cryer

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks at the judicial development of the doctrine of command responsibility before the ad hoc Tribunals. It demonstrates that despite command responsibility having a firm basis as a form ... More


Superior Responsibility *

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/9780199560363.003.0008
Subject:
Law, Public International Law, Criminal Law and Criminology

The concept of superior responsibility has been developed and critically discussed since the Second World War. It owes much of its recent development to the ad hoc tribunals that have relied on the ... More


The Law of Command Responsibility

Guénaël Mettraux

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559329
eISBN:
9780191705304
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559329.001.0001
Subject:
Law, Criminal Law and Criminology, Public International Law

The book studies the law of command or superior responsibility under international law. Born in the aftermath of the Second World War, the doctrine of superior responsibility provides that a military ... More


Command Responsibility at the ICTY—Three Generations of Case-law and still Ambiguity

Elies van Sliedregt

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199573417
eISBN:
9780191728822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573417.003.0014
Subject:
Law, Public International Law, Criminal Law and Criminology

ICTY case law has been instrumental in developing the concept of command responsibility. In creating a basic model of liability, firmly entrenched in the three basic elements identified in the ... More


Article 7(3) of the ICTY Statute and Article 6(3) of the ICTR Statute: Command or Superior Responsibility

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0021
Subject:
Law, Human Rights and Immigration

Command responsibility, pursuant to Articles 7(3) and 6(3) of the statutes of the ad hoc tribunals for the former Yugoslavia and for Rwanda, respectively, is responsibility for the commander’s own ... 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


Underlying Offences

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/9780199559329.003.0008
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter deals with the underlying crimes committed by subordinates of the accused and in relation to which he is being prosecuted or charged. It also deals with the question of whether a ... More


Concluding Remarks: A Workable Standard of Liability for Superiors

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/9780199559329.003.0012
Subject:
Law, Criminal Law and Criminology, Public International Law

This concluding chapter reviews the somewhat chaotic short history of the doctrine of command responsibility from its contentious beginning to today's state of the law. It discusses the outstanding ... More


General Principles of Liability and Defences

Neil Boister and Robert Cryer

in The Tokyo International Military Tribunal - A Reappraisal

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199278527
eISBN:
9780191706950
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278527.003.0009
Subject:
Law, Public International Law

This chapter focuses on the general principles of criminal liability as interpreted and applied by the Tokyo IMT. It looks, therefore, at inculpatory doctrines and defences. On the former side, it ... More


The Functions and Legacies of the Tokyo IMT

Neil Boister and Robert Cryer

in The Tokyo International Military Tribunal - A Reappraisal

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199278527
eISBN:
9780191706950
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278527.003.0012
Subject:
Law, Public International Law

This chapter discusses the legal, historical, didactic, and political legacies of the trial. In contrast to most findings of the Tribunal, the findings of the Tokyo IMT on civilians and command ... More


Conduct Elements

Dr. David Nersessian

in Genocide and Political Groups

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter focuses upon the actus reus of genocide, outlining both the conduct elements of the offence and the complexities of identifying the contours of protected groups. It first discusses the ... More


Crimes and Accountability in Shakespeare *

Theodor Meron

in War Crimes Law Comes of Age: Essays

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268567
eISBN:
9780191683534
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268567.003.0003
Subject:
Law, Public International Law

This chapter shows how, in his works, Shakespeare dealt with crimes committed or ordered by leaders, as well as such related, but different, concepts as the arrogance of power; constraints on the ... More


Command Responsibility, Due Care, and Moral Courage

Neta C. Crawford

in Accountability for Killing: Moral Responsibility for Collateral Damage in America's Post-9/11 Wars

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199981724
eISBN:
9780199369942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199981724.003.0006
Subject:
Political Science, International Relations and Politics, American Politics

This chapter outlines the legal doctrine of command responsibility and continues to explore the overlapping terrain of individual and group responsibility. Focusing on the role of military and top ... More


Sanction and Socialize: Military Command Responsibility and Corporate Accountability for Atrocities

Scott A. Gilmore

in Corporate Social Responsibility?: Human Rights in the New Global Economy

Published in print:
2015
Published Online:
January 2016
ISBN:
9780226244273
eISBN:
9780226244440
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226244440.003.0008
Subject:
Anthropology, Anthropology, Global

The CSR movement faces a dilemma between the penal code of sanctions and the honor code of self-regulation. To escape this binary, this Chapter draws lessons from the laws of war. Mitigating the ... More


Genocide and other Forms of Criminal Involvement

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0016
Subject:
Law, Human Rights and Immigration

A genocidal offence may be committed by act or omission, and the perpetrator need not have been involved in any patterns of criminal behaviour. As with the other crimes within the jurisdiction of the ... More


Omissions and Complicity in International Criminal Law

Miles Jackson

in Complicity in International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198736936
eISBN:
9780191800511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736936.003.0005
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter addresses two ways in which omissions might give rise to individual criminal responsibility in international law. First, it shows that, following Mrkšiš, it is now clear that an omission ... More


“War, at the Best, Is Terrible”: Devastation and Command Responsibility

Burrus M. Carnahan

in Lincoln on Trial: Southern Civilians and the Law of War

Published in print:
2010
Published Online:
September 2011
ISBN:
9780813125695
eISBN:
9780813135380
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813125695.003.0005
Subject:
History, American History: Civil War

This chapter elaborates Abraham Lincoln's policy toward bombardment of cities. It is noted that, at the time of the Civil War, army commanders had no recognized obligation to ensure that enemy ... More


Command Responsibility

Fred L. Borch

in Military Trials of War Criminals in the Netherlands East Indies 1946-1949

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198777168
eISBN:
9780191822964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198777168.003.0011
Subject:
Law, Public International Law

The Dutch prosecuted commanders for the war crimes committed by their subordinates, even though these commanders had not personally participated in the criminal acts and perhaps did not even know ... More


Modes of Criminal Liability under International Law

Michael J. Kelly and Luis Moreno-Ocampo

in Prosecuting Corporations for Genocide

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190238896
eISBN:
9780190238919
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190238896.003.0004
Subject:
Law, Criminal Law and Criminology, Public International Law

Modes of vicarious liability must be used to prosecute a corporation for violations of criminal law. Common law jurisdictions such as the United States and the United Kingdom have a long history of ... More


Tactical rape in the former Yugoslavia

Brenda Fitzpatrick

in Tactical Rape in War and Conflict: International Recognition and Response

Published in print:
2016
Published Online:
January 2017
ISBN:
9781447326694
eISBN:
9781447326724
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447326694.003.0005
Subject:
Society and Culture, Gender Studies

This chapter analyses the establishment, operation, achievements and failures of the International criminal tribunal for the former Yugoslavia. It focusses on definitions and outcomes in cases ... More


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