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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


General Remarks

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/9780199559329.003.0007
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter deals generally with the elements that make up the doctrine of superior responsibility.


Command Responsibility under Customary International Law and the Statute of the International Criminal Court

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/9780199559329.003.0003
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter touches upon subsequent development, in particular the adoption of a definition of that doctrine in the Statute of the International Criminal Court which differs in some significant ... 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


Individual Criminal Responsibility in International Law

Elies van Sliedregt

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199560363
eISBN:
9780191738623
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199560363.001.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

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 ... More


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.


Scope of Application of the Doctrine of Command Responsibility—International and Internal Conflicts as well as Peacetime?

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/9780199559329.003.0005
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter discusses the scope of application of the doctrine of superior responsibility, in particular the question of whether it applies in the context of both international as well as internal ... 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


Real Justice, in Time: The Initial Indictment of Milošević

Clint Williamson

in The Milošević Trial: An Autopsy

Published in print:
2014
Published Online:
January 2014
ISBN:
9780199795840
eISBN:
9780199345274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795840.003.0005
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter presents an account of Milošević indictment. Under the theory of superior responsibility, Milošević was charged in his de jure role as president of the FRY and Supreme Commander of the ... More


Crimes against Humanity: Repairing Title 18’s Blind Spots

Beth Van Schaack

in Arcs of Global Justice: Essays in Honour of William A. Schabas

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190272654
eISBN:
9780190272685
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190272654.003.0019
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter identifies three unfortunate gaps in the United States’ federal penal code: The United States lacks a crimes against humanity statute, the war crimes statute has a limited jurisdictional ... More


An International Criminal Court

William A. Schabas

in The Trial of the Kaiser

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198833857
eISBN:
9780191872440
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198833857.003.0011
Subject:
Law, Public International Law

The earliest proposals for an international criminal court emerge during the sessions of the Commission on Responsibilities. The French insist that it will offer a ‘greater stage’, something that is ... More


Introductory Note: The International Criminal Tribunal for Rwanda in 2014

Geert-Jan Alexander Knoops

in The Global Community Yearbook of International Law and Jurisprudence 2015

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190647759
eISBN:
9780190647766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190647759.003.0027
Subject:
Law, Public International Law

This Introductory Note focusses on the ICTR appeals judgments that were issued in 2014, as well as the status of the ICTR cases that have been referred to Rwanda for trial. In 2014, appeals judgments ... More


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