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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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A Superior–Subordinate Relationship Between the Accused and Those Who Committed the Underlying Offences

A Superior–Subordinate Relationship Between the Accused and Those Who Committed the Underlying Offences

Chapter:
(p.138) 9 A Superior–Subordinate Relationship Between the Accused and Those Who Committed the Underlying Offences
Source:
The Law of Command Responsibility
Author(s):

Guenael Mettraux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199559329.003.0009

This chapter discusses the first constitutive element of the doctrine of superior responsibility, namely, the requirement that there must exist a relationship of authority between the accused and those who committed the underlying offence in such a way that the accused (as superior) was able to control those subordinates and was able to prevent or punish their crimes. The concept, relevance, and importance of a vertical chain of command between the superior and the perpetrator; the nature and scope of that relationship (de jure or de facto); and the issue of the time at which such a relationship of subordination must be established are discussed.

Keywords:   subordination, chain of command, de jure authority, de facto authority, effective control, temporal coincidence

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