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The Law of Command Responsibility$
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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

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

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

Chapter:
(p.229) 11 Breach of a Duty and Consequential Failure to Prevent or to Punish Crimes of Subordinates
Source:
The Law of Command Responsibility
Author(s):

Guenael Mettraux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199559329.003.0011

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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