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Article 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 International Criminal Court 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. The author 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 author provides, finally, an assessment of the
remaining hurdles in the application of the doctrine, and offers a
solution which is based on respect for the purpose of the doctrine.
The book is a valuable source and tool for academics and
practitioners in international criminal law and international
humanitarian law, academics and students at National Defence
Colleges, as well as military legal advisers and higher military
officers. Maria L. Nybondas is an Associate Researcher at the
T.M.C. Asser Instituut, The Hague, The Netherlands.
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