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Full-Text Articles in Law
Should Have Known Better? The Standard Of Knowledge For Command Responsibility In International Criminal Law, Roee Bloch
Should Have Known Better? The Standard Of Knowledge For Command Responsibility In International Criminal Law, Roee Bloch
International Law Studies
The criminal doctrine of command responsibility has a rich legal history, which makes it a widely recognized, if unsettled, concept of international criminal law. This article focuses on a key element of command responsibility: the commander’s knowledge of a subordinate's crimes. This article argues that current customary law instructs to apply a standard of actual knowledge of the commander, rather than the lower standard of constructive knowledge. The article reaches this conclusion by observing the primary shaping factor of international law—State behavior. Through the example of six diverse legal systems, the article demonstrates how the approach of legislative, executive, and …
Advancing Fundamental Principles Through Doctrine And Practice: Comments On Darryl Robinson, Justice In Extreme Cases, Alexander K.A. Greenawalt
Advancing Fundamental Principles Through Doctrine And Practice: Comments On Darryl Robinson, Justice In Extreme Cases, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
I am honored to comment on Darryl Robinson's terrific new book which makes an extraordinary contribution to the literature on international criminal law (ICL). Already an admirer of Robinson's work, I learned a lot from reading his book and find his approach convincing. Broadly speaking, there is not much, if anything, on which I disagree with Robinson. I share his criticisms of international criminal tribunal reasoning. I welcome the call for greater attention to deontic considerations. I agree on the importance of the fundamental principles that Robinson identifies, and I also agree that justifying these principles does not require consensus …
Command Responsibility In The International Tribunals: Is There A Hierarchy?, Adria De Landri
Command Responsibility In The International Tribunals: Is There A Hierarchy?, Adria De Landri
Adria De Landri
No abstract provided.
Presiding Over The Ex-President: A Look At Superior Responsibility In The Light Of The Kosovo Indictment, Jackson N. Maogoto
Presiding Over The Ex-President: A Look At Superior Responsibility In The Light Of The Kosovo Indictment, Jackson N. Maogoto
Jackson Nyamuya Maogoto
Individual criminal responsibility, and command responsibility in particular, are important because, to deter human rights abuses, potential perpetrators must perceive prosecution as a possible consequence of their actions. Historically, the doctrine of command responsibility has been an important tool to hold accountable leaders who plan, participate in, or acquiesce in large-scale human rights abuses. The scope of the command responsibility doctrine remains one of the most important issues in prosecuting human rights atrocities. The scope of the doctrine determines the degree to which a leader can insulate himself from criminal culpability when the criminal acts were committed by others but …