Users without a subscription are not able to see the full
content. Please,
subscribe
or
login
to access all content.
Contents
- Preliminary Material
- Preface
- Acknowledgements
- Contents
- Table of cases
- Judgments and decisions — Pre-Second World War
- Judgments and decisions — Second World War
- Judgments and decisions —Vietnam War
- Judgments and decisions — International Criminal Tribunal for the Former Yugoslavia.
- Judgments and decisions — International Criminal Tribunal for Rwanda.
- Judgments and decisions — Special Court for Sierra Leone.
- Judgments and decisions — State Court of Bosnia and Herzegovina.
- Judgments and decisions — The Special Panels for Serious Crimes (Dili, East Timor).
- Judgments and decisions — International Court of Justice.
- Judgments and decisions — United States of America
- Judgments, decisions, reports and communications — miscellaneous
- Main Text
- Part I Introduction
- 1 The Evolution of the Law of Command Responsibility and the Principle of Legality
- 2 The Resurgence of International Criminal Justice and the Rebirth of Command Responsibility
- 3 Command Responsibility under Customary International Law and the Statute of the International Criminal Court
- Part II Nature and scope of application of the doctrine of command responsibility
- 4 Command Responsibility as a Sui Generis Form of Liability for Omission
- Preliminary Material
- 4.1 Liability for omission
- 4.2 Responsible command
- 4.3 Division of labour between international law and domestic law
- 4.4 Personal dereliction of duty
- 4.5 Connection with the underlying offence
- 4.6 Extent of liability and sentencing
- 4.7 Overlap of types of liabilities
- 5 Scope of Application of the Doctrine of Command Responsibility—International and Internal Conflicts as well as Peacetime?
- 6 Military Commanders, Civilian Leaders, and Other Superiors, whether De Jure or De Facto
- 4 Command Responsibility as a Sui Generis Form of Liability for Omission
- Part III Elements of command responsibility and underlying offences
- 7 General Remarks
- 8 Underlying Offences
- 9 A Superior—Subordinate Relationship Between the Accused and Those Who Committed the Underlying Offences
- Preliminary Material
- 9.1 Relationship of subordination
- 9.2 'Effective control'
- 9.3 Requirement of temporal coincidence
- 10 A Culpable State of Mind
- Preliminary Material
- 10.1 General remarks
- 10.2 Knowledge
- 10.3 Establishing the required mens rea
- 10.4 Intent not to act despite knowledge
- 10.5 Degree of fault
- 10.6 Special intent crimes
- 11 Breach of a Duty and Consequential Failure to Prevent or to Punish Crimes of Subordinates
- Preliminary Material
- 11.1 A dual source of liability—failure to prevent or failure to punish crimes
- 11.2 Dereliction of duty
- 11.3 Seriousness of the breach of duty relevant to superior responsibility
- 11.4 Requirement of causality between the failure of the superior and the crimes
- 11.5 Concluding remarks
- Part IV Conclusion
- Part I Introduction
- Further Material
- Annex Relevant Provisions
- Statute of the International Criminal Tribunal for the former Yugoslavia
- Statute of the International Criminal Tribunal for Rwanda
- Statute of the International Criminal Court
- Statute of the Special Court for Sierra Leone
- Statute of the Special Tribunal for Lebanon
- Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the period of Democratic Kampuchea, with inclusion of amendments as promulgated on 27 October 2004 (NS/RKM/1004/006).
- United Nations Transitional Administration in East Timor Regulation 2001/15 on the Establishment of Panels with Exclusive Jurisdiction over Serious Criminal Offences, 6 June 2000
- Germany — Act to Introduce the Code of Crimes against International Law of 26 June 2002
- Canada — Crimes Against Humanity and War Crimes Act (2000, c. 24)
- United Kingdom — International Criminal Court Act (2001)
- Australia — International Criminal Court Act (2002)
- The Netherlands — International Criminal Law Act (9 June 2003; entered into force 1 October 2003)
- Bibliography
- Index
- Annex Relevant Provisions