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Author: Guénaël Mettraux
Publisher:
Published: 2009-03-19
Total Pages: 342
ISBN-13:
DOWNLOAD EBOOKThis is the first comprehensive guide to the law of command responsibility. Originally invoked against Nazi leaders for failing to prevent or punish crimes of subordinates, and more recently in the Yugoslav War Crimes Tribunal, command responsibility continues to be of importance in cases arising from the Iraq War and the War on Terror
Author: Chantal Meloni
Publisher: Asser Press
Published: 2010-06-10
Total Pages: 298
ISBN-13:
DOWNLOAD EBOOKThis book offers an in-depth study of the command responsibility doctrine, pursuant to which military commanders and civilian leaders can be held responsible for the crimes committed by their subordinates that they failed to prevent or punish. This form of responsibility has gained much attention in the last years; however, it still presents several open questions and critical difficulties arise in its application. The author traces the roots of such criminal responsibility, from its military origins to its first appearances in international case law after World War II. Particular attention is given to the jurisprudence of the ad hoc Tribunals, which extensively elaborated on the issue, and to the provision of Article 28 of the Statute of the International Criminal Court. The book provides a systematic analysis of command responsibility, outlining its different forms and finding a proper role for it within the complex net of responsibilities that connotes the commission of international crimes. This book is an important contribution to the literature and worldwide discussion on command responsibility and therefore highly recommended to scholars of international law, criminal law and international criminal law as well as to all practitioners (judges, legal assistants, prosecutors, defence counsels) working at or with international tribunals, experts in the military field, investigators dealing with international crimes, NGOs and journalists. Chantal Meloni is working as a Researcher at the Criminal Law Department of the UniversitàdegliStudi of Milan, Italy. Since several years she specializes in international criminal law. She spent long research periods abroad, in particular at the Humboldt Universität of Berlin in Germany. She also worked at the International Criminal Court as a Legal Assistant in Chambers.
Author: James B. Whisker
Publisher:
Published: 2020-04
Total Pages: 160
ISBN-13: 9781680531336
DOWNLOAD EBOOKCommand responsibility, or executive accountability, assumes that leaders are responsible for the actions of their subordinates. If subordinates misbehave, violate basic moral laws, transgress international law, or thwart international standards of behavior, their leader may be called before to justice. Standards that set the boundaries of human action have been evolving for many millennia, with some degree of precision arriving after the post-World War II international war crimes prosecutions. The United Nations and other organizations have helped codify the international law under which commanders may be held responsible. This book explores the factor that have moved civilization closer to a standard approach to rule of law and the accountability of leaders for the actions of those they command.
Author: Carsten Stahn
Publisher: Oxford University Press, USA
Published: 2015
Total Pages: 1441
ISBN-13: 0198705166
DOWNLOAD EBOOKThe International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Author: Richard Moody Swain
Publisher: Government Printing Office
Published: 2017
Total Pages: 216
ISBN-13: 9780160937583
DOWNLOAD EBOOKIn 1950, when he commissioned the first edition of The Armed Forces Officer, Secretary of Defense George C. Marshall told its author, S.L.A. Marshall, that "American military officers, of whatever service, should share common ground ethically and morally." In this new edition, the authors methodically explore that common ground, reflecting on the basics of the Profession of Arms, and the officer's special place and distinctive obligations within that profession and especially to the Constitution.
Author: Darryl Robinson
Publisher: Cambridge University Press
Published: 2020-12-17
Total Pages: 327
ISBN-13: 1009028286
DOWNLOAD EBOOKIn Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.
Author: Maria L. Nybondas
Publisher: T.M.C. Asser Press
Published: 2010-06-30
Total Pages: 0
ISBN-13: 9789067043274
DOWNLOAD EBOOKArticle 28 of the Rome Statute explicitly provides that the command responsibility doctrine may be applied to both 'commanders and other superiors', and sets out separate criteria for the two categories of superiors. The question arises how the doctrine should be applied by the ICC and by other international courts and tribunals. Up until now, the doctrine has been applied to both military and civilian superiors without a distinctive provision. Maria L. Nybondas examines the applicability of the command responsibility doctrine to civilian superiors, taking as a point of departure the origin of the doctrine and the unique position of the commander. An analysis of cases against civilian leaders identifies the challenges that prosecutors and judges face in these cases. The book provides an assessment of the hurdles in the application of the doctrine, and offers a solution which is based on respect for the purpose of the doctrine.
Author: Col Usaf Timmons, Timothy
Publisher: Createspace Independent Pub
Published: 2012-08-07
Total Pages: 148
ISBN-13: 9781478384410
DOWNLOAD EBOOKThe privilege of commanding an Air Force squadron, despite its heavy responsibilities and unrelenting challenges, represents for many Air Force officers the high point of their careers. It is service as a squadron commander that accords true command authority for the first time. The authority, used consistently and wisely, provides a foundation for command. As with the officer's commission itself, command authority is granted to those who have earned it, both by performance and a revealed capacity for the demands of total responsibility. But once granted, it much be revalidated every day. So as one assumes squadron command, bringing years of experience and proven record to join with this new authority, one might still need a little practical help to success with the tasks of command. This book offers such help. “Commanding an Air Force Squadron” brings unique and welcome material to a subject other books have addressed. It is rich in practical, useful, down-to-earth advice from officers who have recently experienced squadron command. The author does not quote regulations, parrot doctrine, or paraphrase the abstractions that lace the pages of so many books about leadership. Nor does he puff throughout the manuscript about how he did it. Rather, he presents a digest of practical wisdom based on real-world experience drawn from the reflection of many former commanders from any different types of units. He addresses all Air Force squadron commanders, rated and nonrated, in all sorts of missions worldwide. Please also see a follow up to this book entitled “Commanding an Air Force Squadron in the Twenty-First Century (2003)” by Jeffry F. Smith, Lieutenant Colonel, USAF.
Author: Marjolein Cupido
Publisher: Cambridge University Press
Published: 2019-07-11
Total Pages:
ISBN-13: 1108590152
DOWNLOAD EBOOKPresently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Author: Anthony King
Publisher: Cambridge University Press
Published: 2019-01-31
Total Pages: 505
ISBN-13: 1108476406
DOWNLOAD EBOOKA history of modern military command, from the individualist, heroic generals of the twentieth century to the highly-professionalised command teams of the twenty-first. Profiling prominent contemporary generals and their staffs, King vividly analyses divisional headquarters, giving a unique insight into the transformation of military command.
