Command Responsibility in International Criminal Law

Front Cover
T.M.C. Asser Press, Jun 10, 2010 - Law - 286 pages
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.

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Contents

Chapter
2
The historical evolution of command responsibility
33
The elements of command responsibility in the jurisprudence of the ad
77
Chapter 4
134
Chapter 5
152
The relationship between command responsibility and other modes of liability
209
Concluding remarks
247
Table of Cases
265
Copyright

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About the author (2010)

Chantal Meloni is a Researcher at the Criminal Law Department, Universit... degli Studi, Milan, Italy.

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