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Mettraux, Guénaël Defence Counsel, International Criminal Tribunal for the Former Yugoslavia (ICTY), Formerly a legal assistant in the Chambers of the ICTY
Print publication date: 2009 (this edition)
Published to Oxford Scholarship Online: May 2009
Print ISBN-13: 978-0-19-955932-9







doi:10.1093/acprof:oso/9780199559329.003.0011

Guenael Mettraux
Abstract: 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.

Keywords: duty to act, failure to act, necessary and reasonable measures, dereliction of duty, duty to prevent, duty to punish, causality,

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PART I INTRODUCTION
PART II NATURE AND SCOPE OF APPLICATION OF THE DOCTRINE OF COMMAND RESPONSIBILITY
PART III ELEMENTS OF COMMAND RESPONSIBILITY AND UNDERLYING OFFENCES
PART IV CONCLUSION