Oxford Scholarship Online: The Law of Command Responsibility

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The Law of Command Responsibility 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
5 Scope of Application of the Doctrine of Command Responsibility—International and Internal Conflicts as well as Peacetime? doi:10.1093/acprof:oso/9780199559329.003.0005 Guenael Mettraux Abstract: 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 armed conflict and whether that doctrine applies, as a matter of international law, to situations where no armed conflict exists. Keywords: international armed conflict, internal armed conflicts, peacetime, superior responsibility,

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Full Book Contents

Preface

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

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

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

10 A Culpable State of Mind

11 Breach of a Duty and Consequential Failure to Prevent or to Punish Crimes of Subordinates

PART IV CONCLUSION

12 Concluding Remarks: A Workable Standard of Liability for Superiors

Appendix

Bibliography

Index

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