Download or read book The Law of Command Responsibility written by Guénaël Mettraux and published by . This book was released on 2009-03-19 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Command Responsibility in International Criminal Law written by Chantal Meloni and published by Asser Press. This book was released on 2010-06-10 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Modes of Liability in International Criminal Law written by Jérôme de Hemptinne and published by Cambridge University Press. This book was released on 2019-07-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Download or read book Oslo Manual on Select Topics of the Law of Armed Conflict written by Yoram Dinstein and published by Springer Nature. This book was released on 2020-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book was prepared by a group of experts after consultation with a number of key governments. It is intended to offer guidance for practitioners (mainly commanding officers); facilitate training at military colleges; and inform both instructors and graduate students of international law on the current state of the law.
Download or read book Collective Responsibility and Accountability under International Law written by Shane Darcy and published by BRILL. This book was released on 2007-03-30 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that the extent of the potential liability of individuals for the acts of others is clarified and held up to rigorous scrutiny. It is of equal importance that there is a clear understanding of whether the means of responding to ongoing violations of international humanitarian law can include measures based on collective responsibility. Global events have created an impetus for the parameters of responsibility to be clearly defined. The rise of non-State actors within the international legal regime raises complex questions surrounding their status, power and the means for holding them accountable. Published under the Transnational Publishers imprint.
Download or read book Command Responsibility in International Criminal Law written by Chantal Meloni and published by T.M.C. Asser Press. This book was released on 2011-08-27 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Justice in Extreme Cases written by Darryl Robinson and published by Cambridge University Press. This book was released on 2020-12-17 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Command Responsibility in International Criminal Law written by Chantal Meloni and published by T.M.C. Asser Press. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes written by Laura Ausserladscheider Jonas and published by BRILL. This book was released on 2021-12-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
Download or read book Complicity in International Law written by Miles Jackson and published by Oxford Monographs in Internati. This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.
Download or read book The Law of Command Responsibility written by M. P. W. Brouwers and published by International Courts Association. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal tribunals have been entrusted with the judicial powers to hold natural persons individually responsible for the most serious international crimes, including genocide, crimes against humanity, and other war crimes. However, these international tribunals are limited in their investigative powers and thus are not capable of trying every single individual who takes part in these international crimes. As a result, international tribunals have placed a strong focus on the 'superiors' of organized groups of individuals, such as the military. This is where 'the law of command responsibility' plays a crucial role as a legal tool for international tribunals: to impose criminal liability on superiors for the crimes of their subordinates. Under international humanitarian law, superiors have a duty to ensure that their subordinates will comply with the rules of international humanitarian law in armed conflicts. Superiors have this duty because of their position of command over, and their influence upon, their subordinates. This book examines the importance of the law of command responsibility.
Download or read book Principles of direct and superior responsibility in international humanitarian law written by Ilias Bantekas and published by Manchester University Press. This book was released on 2022-12-20 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available as an ebook for the first time, Bantekas's 2002 title on the forms of criminal responsibility arising from violations of international humanitarian law examines the evolution of personal responsibility and its contemporary application to war crimes, crimes against humanity and genocide. It traces the origin and development of such concepts as direct participation, ordering, complicity and inciting. The work includes extensive analysis of the jurisprudence of the International Criminal Tribunals for Yugoslavia and Rwanda and the International Criminal Court, as well as a variety of other legal material. Hans-Peter Gasser, then editor of the International Review of the Red Cross, describes the book in his Foreword as 'an invaluable contribution to a better understanding of the role that criminal law can play in efforts to enhance respect for the rights of victims of violence and war'. This title in the Melland Schill Studies in International Law series is a useful text for all those who wish to understand the principles of criminal responsibility in international humanitarian law.
Download or read book Principles of International Criminal Law written by Gerhard Werle and published by Oxford University Press. This book was released on 2014 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.
Download or read book Coalition Power without Individual Responsibility written by Alexandra von Stein-Lausnitz and published by Cuvillier Verlag. This book was released on 2022-01-11 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis deals with the individual criminal liability under international law of NATO commanders for crimes committed by their subordinates in the context of complex, multilateral command and control structures. After analysing the applicable law, the elements that must be fulfilled in order to be able to prosecute commanders and other superiors under the doctrine of Command Responsibility are comprehensively described and the Command, Control & Communication structures within NATO and in NATO-led operations explained. Subsequently, the doctrine of Command Responsibility is applied to the identified structures taking into account the role of a commander acting in a multilateral NATO operation, the role of the Troop Contributing Nation, the methods of conferral of powers as well as the de iure and de facto effective control of such a commander leading a multilateral force. Die vorliegende Arbeit befasst sich mit der individuellen strafrechtlichen Verantwortlichkeit von NATO-Befehlshabern nach dem Völkerrecht für Straftaten ihrer Untergebenen im Rahmen komplexer, multilateraler Befehls- und Kommandostrukturen. Nach einer Darstellung des anwendbaren Rechts, werden die Voraussetzungen für eine Vorgesetztenverantwortlichkeit von Befehlshabern und anderen Vorgesetzten umfassend beschrieben und die Führungs-, Befehls- und Kommunikationsstrukturen innerhalb der NATO und bei NATO-geführten Einsätzen erläutert. Anschließend wird der Tatbestand der Vorgesetztenverantwortlichkeit unter Berücksichtigung der Stellung eines Befehlshabers in einem multilateralen NATO-Einsatz, der Rolle des truppenstellenden Staates, der Methoden der Befugnisübertragung sowie der de iure und de facto wirksame Kontrolle eines solchen Befehlshabers auf die ermittelten Strukturen angewandt.
Download or read book Intersections of Law and Culture at the International Criminal Court written by Julie Fraser and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Download or read book System Criminality in International Law written by Harmen van der Wilt and published by Cambridge University Press. This book was released on 2009-07-02 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does international law respond to situations where collective entities order, encourage or allow the committing of international crimes?
