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Book
The law of command responsibility
Author:
ISBN: 9780199559329 0199559325 0191705306 Year: 2009 Publisher: Oxford Oxford University Press


Book
The law of command responsibility
Author:
ISBN: 0191705306 9780191705304 0199559325 0191828955 Year: 2016 Publisher: [Oxford] : Oxford University Press,

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Abstract

This is a 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 is of importance in cases arising from the Iraq War and the War on Terror.


Book
Protection of civilians and individual accountability : Obligations and responsibilities of military commanders in United Nations peacekeeping operations
Author:
ISBN: 9780367726799 Year: 2020 Publisher: London ; New York : Routledge,


Book
Reconciling responsibility with reality : a comparative analysis of modes of active leadership liability in international criminal law
Author:
ISBN: 946265607X 9462656061 Year: 2023 Publisher: The Hague : T.M.C. Asser Press : Imprint: T.M.C. Asser Press,

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Abstract

This book explores the issue of leadership criminality from a new angle by comparing two highly relevant modes of responsibility. By contrasting individual criminal responsibility for ordering international crimes with indirect perpetration through an organisation, it shows the doctrinal weaknesses of the latter and outlines the much-overlooked advantages of the former. The volume analyses the development of both forms of responsibility, looking at their origins, and their reception in academia and practical use in jurisprudence. The history of indirect perpetration through an organisation (Organisationsherrschaft) is portrayed from its German academic origin, through German jurisprudence to the reception of the doctrine at the International Criminal Court. By comparing the doctrine’s stages of evolution, the book sheds light on the different aspects of the various models of indirect perpetration through an organisation and carves out general and fundamental criticism of it. The characteristics of ordering liability are explored in depth through an analysis of jurisprudence of the Nuremberg subsequent trials, the ad hoc tribunals and the International Criminal Court. This historic and doctrinal comparison reveals a well-defined and to-date much neglected mode of responsibility with enormous potential for the adjudication of leadership figures in the ambit of international criminal law and only one conclusion can follow from this analysis: it calls for practitioners and academics to leave the well-trodden paths of national criminal law doctrine and embrace truly international modes of liability such as the ordering of a crime. This volume in the ICJ series provides practitioners, researchers and students with a detailed account of forms of leadership liability and an innovative approach to the topic’s most discussed issue.


Book
The execution of illegal orders and international criminal responsibility
Author:
ISBN: 3642445748 3642167527 9786613085535 3642167535 1283085534 Year: 2011 Publisher: Berlin ; Heidelberg : Springer-Verlag,

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Abstract

The legal consequence of the superior orders defense has long been debated as one of the major problems in international criminal law. Several controversial issues such as the immunity of the state, the absolute character of military discipline, and immunity on the grounds of mistake of law and/or coercion have been complexly interwoven in the debates. The Execution of Illegal Orders and International Criminal Responsibility provides a comprehensive portrait of the relevant debates at the international level up to the present, analyzes the conflicting views, and shows the significance of the development of international rules for the superior orders defense as well as the implication of the fact that issues concerning some detailed or related rules have been left unresolved. This study presents to present a new standpoint not only on dealing with the problem of the superior orders defense but also on reconsidering the international stipulation of rulemaking with regard to criminal matters.

Keywords

Criminal Law. --- Law. --- Superior orders (Criminal law) --- Command responsibility (International law) --- Criminal liability (International law) --- Law, Politics & Government --- Law, General & Comparative --- International crimes. --- Crimes, International --- International crime --- International offenses --- Criminal law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Public international law. --- Human rights. --- International humanitarian law. --- International criminal law. --- International Criminal Law. --- International Humanitarian Law, Law of Armed Conflict. --- Public International Law. --- Private International Law, International & Foreign Law, Comparative Law. --- Human Rights. --- Crime --- International law --- International Criminal Law . --- Public International Law . --- Private International Law, International & Foreign Law, Comparative Law . --- Criminal Law and Criminal Procedure Law. --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal justice, Administration of --- Criminal procedure --- Law and legislation --- Legal status, laws, etc. --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Law of nations --- Nations, Law of --- Public international law --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- Criminal jurisdiction --- International crimes --- Civil law

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