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
8 Underlying Offences doi:10.1093/acprof:oso/9780199559329.003.0008 Guenael Mettraux Abstract: This chapter deals with the underlying crimes committed by subordinates of the accused and in relation to which he is being prosecuted or charged. It also deals with the question of whether a superior can be held criminally responsible in relation to crimes committed, not by his subordinates but by others, but in relation to which his subordinates took a criminal part. Keywords: crimes of subordinates, commission of a crime, perpendicular command responsibility, prosecuted, charged,

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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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