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Books > Law > International law > International criminal law
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The Law of Command Responsibility (Hardcover)
Loot Price: R5,447
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The Law of Command Responsibility (Hardcover)
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The book offers a unique study of the law of command or superior
responsibility under international law. Born in the aftermath of
the Second World War, the doctrine of superior responsibility
provides that a military commander, a civilian leader or the leader
of a terrorist, paramilitary or rebel group could be held
criminally responsible in relation to crimes committed by
subordinates even where he has taken no direct or personal part in
the commission of these crimes. The basis of this type of liability
lies in a grave and culpable failure on the part of the superior to
fulfill his duties to prevent or punish crimes of subordinates.
The idea that a superior could be held criminally responsible in
relation to crimes of subordinates is central to the ability of
international law to ensure compliance with standards of
humanitarian law and it remains a most important legal instrument
in the fight against impunity. Though it first developed in the
international arena, the doctrine of superior responsibility has
now spread into many domestic jurisdictions thus offering judicial
and prosecutorial authorities a ready-made instrument to hold to
account the leaders of men who knew of the crimes of their
subordinates and failed to adequately respond to prevent or punish
those crimes.
This volume provides a comprehensive and insightful dissection of
the doctrine of superior responsibility, the scope of its
application, its elements as well as the evidential difficulties
involved in establishing the criminal responsibility of a superior
in the context of a criminal prosecution.
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