Publication details
Superior Responsibility in International Criminal Law
| Authors | |
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| Year of publication | 2017 |
| Type | Monograph |
| Citation | |
| Description | The book analyzes traditional form of responsibility applicable in proceedings before the international criminal courts and tribunals according to which commander/superior is held responsible for failure to prevent or repress crimes under international law committed by his/her subordinates. In chronological order, the book addresses controversial origins of this doctrine and relevant case-law adopted until recently before the ad hoc tribunals, the International Criminal Court and some hybrid tribunals (mostly the ECCC). The book focuses both on material and procedural aspects of the doctrine. With respect to material regulation following questions are addressed: (a) how does superior responsibility correspond with the principle of individual criminal responsibility; (b) does superior responsibility arise only if crimes under international law are actually committed by the subordinates, or are other types of conduct of the subordinates such as planning, ordering, instigating, aiding and abetting, or omission sufficient; (c) what is the relationship between superior responsibility, as an indirect form of responsibility, and direct forms of responsibility; (d) is double standard of mens rea distinguishing between military commander and civilian superior relevant; (e) does constructed knowledge encompass also inadvertent negligence; (f) is causal nexus legal ingredient of the doctrine; (g) is it possible to hold superior responsible in relation to crimes committed before he gained command and control over subordinates? With respect to procedural aspects, the book elaborates on closely watched Regulation 55. Finally, the book addresses various standards of proof envisaged in the text of the Rome Statute. The aim of the last chapter is to find out, what exactly is covered by these standards in relation to the doctrine of superior responsibility and what exactly the Prosecutor has to establish in various stages of the proceedings before the ICC. |