Guenael Mettraux
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199559329
- eISBN:
- 9780191705304
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199559329.003.0011
- Subject:
- Law, Criminal Law and Criminology, Public International Law
This chapter discusses the third element of command responsibility, namely, a grave and culpable failure on the part of a superior to adopt necessary and reasonable measures to prevent or punish ...
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This chapter discusses the third element of command responsibility, namely, a grave and culpable failure on the part of a superior to adopt necessary and reasonable measures to prevent or punish crimes of subordinates. It discusses further the type and gravity of those instances of dereliction of duty that are capable or have the potential to engage the superior responsibility of a military or civilian leader.Less
This chapter discusses the third element of command responsibility, namely, a grave and culpable failure on the part of a superior to adopt necessary and reasonable measures to prevent or punish crimes of subordinates. It discusses further the type and gravity of those instances of dereliction of duty that are capable or have the potential to engage the superior responsibility of a military or civilian leader.
Guenael Mettraux
- 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 ...
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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 the International Criminal Courts. It reviews the three different categories of knowledge which, depending on the applicable law, would suffice to render a superior liable under that doctrine: ‘knew’, ‘had reason to know’, and ‘should have known’. It further makes it clear that knowledge of crimes committed by subordinates is not itself sufficient to engage a superior's criminal responsibility and that it would have to be established that he intentionally failed to fulfil his duties thereby demonstrating his acquiescent with the crimes. Simple negligence on his part would not be sufficient to engage his responsibility; only gross negligence would.Less
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 the International Criminal Courts. It reviews the three different categories of knowledge which, depending on the applicable law, would suffice to render a superior liable under that doctrine: ‘knew’, ‘had reason to know’, and ‘should have known’. It further makes it clear that knowledge of crimes committed by subordinates is not itself sufficient to engage a superior's criminal responsibility and that it would have to be established that he intentionally failed to fulfil his duties thereby demonstrating his acquiescent with the crimes. Simple negligence on his part would not be sufficient to engage his responsibility; only gross negligence would.
Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199286485
- eISBN:
- 9780191730894
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199286485.003.0025
- Subject:
- Law, EU Law, Constitutional and Administrative Law
Judicial supervision, generally occurring subsequently both to administrative action and to measures of administrative supervision, is designed to correct errors which have already occurred and to ...
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Judicial supervision, generally occurring subsequently both to administrative action and to measures of administrative supervision, is designed to correct errors which have already occurred and to provide compensation for losses resulting from them. It is in this sense quite different from both administrative and political supervision of the administration which can occur both ex ante and ex post. This chapter discusses the various avenues for judicial review of EU administrative action in detail, assessing first direct legal actions for annulment and failure to act, before turning to incidental forms of review. The focus then shifts to the remedy of damages and concludes with an overview of interim relief proceedings.Less
Judicial supervision, generally occurring subsequently both to administrative action and to measures of administrative supervision, is designed to correct errors which have already occurred and to provide compensation for losses resulting from them. It is in this sense quite different from both administrative and political supervision of the administration which can occur both ex ante and ex post. This chapter discusses the various avenues for judicial review of EU administrative action in detail, assessing first direct legal actions for annulment and failure to act, before turning to incidental forms of review. The focus then shifts to the remedy of damages and concludes with an overview of interim relief proceedings.
Amos N. Guiora
- Published in print:
- 2014
- Published Online:
- January 2014
- ISBN:
- 9780199331826
- eISBN:
- 9780199347254
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199331826.003.0002
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter examines the dangers posed by extremism to society. It discusses how the danger resulting from a government's failure to minimize the potential threat of extremism is no less potent than ...
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This chapter examines the dangers posed by extremism to society. It discusses how the danger resulting from a government's failure to minimize the potential threat of extremism is no less potent than the harm caused by extremists; the toleration of intolerance; extremist speech; and religious extremism.Less
This chapter examines the dangers posed by extremism to society. It discusses how the danger resulting from a government's failure to minimize the potential threat of extremism is no less potent than the harm caused by extremists; the toleration of intolerance; extremist speech; and religious extremism.
