Jump to ContentJump to Main Navigation
The Law of Command Responsibility$
Users without a subscription are not able to see the full content.

Guénaël Mettraux

Print publication date: 2009

Print ISBN-13: 9780199559329

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199559329.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 23 May 2018

Command Responsibility as a Sui Generis Form of Liability for Omission

Command Responsibility as a Sui Generis Form of Liability for Omission

Chapter:
(p.37) 4 Command Responsibility as a Sui Generis Form of Liability for Omission
Source:
The Law of Command Responsibility
Author(s):

Guenael Mettraux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199559329.003.0004

This chapter outlines the discussion surrounding the debate over the nature of the doctrine of superior responsibility as a form of criminal liability. It argues that command or superior responsibility constitutes a sui generis form of liability for omission. A superior is, therefore, held criminally responsible for a grave failure (attributable to him) to adopt necessary measures to prevent or punish crimes of subordinates. The chapter also traces the origin of that doctrine in the concept of ‘responsible command’ and discusses the division of labour operated between international law and national law as regard the scope and nature of duties of superiors. It details the nature of the duties that lie upon a superior to act to prevent and punish crimes, and why those duties must be distinguished from those of his subordinates or of that State of which he may be an official. The chapter discusses the necessary relationship that exists between the culpable conduct of the superior and the underlying crimes that form the basis of the charges against him. Finally, it touches upon the question of overlaps between different forms of liability and the important issue of sentencing in cases of superior responsibility.

Keywords:   dereliction of duty, accomplice liability, complicity, attributability, duty to act, responsible command, causation, sentencing

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .