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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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Military Commanders, Civilian Leaders, and Other Superiors, whether De Jure or De Facto

Military Commanders, Civilian Leaders, and Other Superiors, whether De Jure or De Facto

Chapter:
(p.100) 6 Military Commanders, Civilian Leaders, and Other Superiors, whether De Jure or De Facto
Source:
The Law of Command Responsibility
Author(s):

Guenael Mettraux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199559329.003.0006

This chapter deals with the scope of application ‘ratione personae’ of the doctrine of superior responsibility. In particular, it discusses and analyses the application of that doctrine to military as well as civilian leaders and discusses the practical and evidential distinctions relevant in both contexts. It deals with the application of that doctrine to less formal types of superiors, such as terrorist or rebel leaders and military-private contractors. The chapter is also devoted to the all important question of the distinction between de jure superiors who have been appointed or elected to command and lead, and de facto superiors whose authority to command lays, not on domestic law, but on other factors.

Keywords:   military commanders, paramilitary commanders, rebel leaders, terrorists, contractors, de jure commanders, de facto commanders

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