Command responsibility
In the practice of international law, command responsibility (also superior responsibility) is the
In the late 19th century, the legal doctrine of command responsibility was codified in the Hague Conventions of 1899 and 1907, which are partly based upon the Lieber Code (General Orders No. 100, 24 April 1863), military law that legally allowed the Union Army to fight in the regular and the irregular modes of warfare deployed by the Confederacy during the American Civil War (1861–1865). As international law, the legal doctrine and the term command responsibility were applied and used in the Leipzig war crimes trials (1921) that included the trial of Captain Emil Müller for prisoner abuse committed by his soldiers during the First World War (1914–1918).[5][6][7]
In the 20th century, in the late 1940s, the Yamashita standard derived from the incorporation to the
In the 20th century, in the early 1970s, the Medina standard expanded the U.S. Code to include the criminal liability of American military officers for the war crimes committed by their subordinates, as are the war-criminal military officers of an enemy power. The Medina standard was established in the
Historical development
9th-century BC to 5th-century BC Asia
In The Art of War (5th century BC), Sun Tzu said that the duties and responsibilities of a commanding officer were to ensure that in prosecuting a war, his soldiers act in accordance with the customary laws of war, by limiting their operational actions to the military aims of the war.
15th-century Europe
In 1474, in the Holy Roman Empire (962–1806), the trial of the Burgundian knight Peter von Hagenbach was the first international recognition of the legal doctrine of command responsibility, of a commander's legal obligation to ensure that his soldiers act in accordance with customary law in prosecuting their war.[13][14] The tribunal tried Hagenbach for atrocities committed by his soldiers during their military occupation of Breisach, and was found guilty of their war crimes, condemned to death, and then was beheaded.[15]
The Knight Hagenbach was accused of, tried, and convicted for war crimes that "he, as a knight, was deemed to have [had] a duty to prevent"; in self-defense, Hagenbach argued that he was only following the military orders of Charles the Bold,[16] the Duke of Burgundy, to whom the Holy Roman Empire had bequeathed Breisach.[17] Although the term command responsibility did not exist in the 15th century, the tribunal did presume he had a legal responsibility for the war crimes of his soldiers, thus Hagenbach's trial was the first war crimes trial based upon the legal doctrine of command responsibility.[15][18]
19th-century United States
During the American Civil War (1861–1865), the legal doctrine of command responsibility was codified in the
As U.S. military law, the Lieber Code stipulated a commander's legal responsibility for the war crimes and crimes against humanity committed by his subordinate officers, sergeants, and soldiers; and further stipulated the duties and rights of the individual soldier of the Union Army to not commit war crimes – such as the summary execution of Confederate POWs, irregular combatants, and enemy civilians; thus Article 71, Section III of the Lieber Code stipulates that:[18]
Whoever intentionally inflicts additional wounds on an enemy already wholly disabled, or kills such an enemy, or who orders or encourages soldiers to do so, shall suffer death, if duly convicted, whether he belongs to the Army of the United States, or is an enemy captured after having committed his misdeed.[19][20]
20th century
The Hague Conventions of 1899 and 1907 are the international legal foundations for the conduct of war among civilized nations, especially the legal doctrine of command responsibility for war crimes and crimes against humanity.[20][21] The Hague Convention of 1907 updated the codifications of the Hague Convention of 1899, thus, in Convention IV (18 October 1907), the Laws and Customs of War on Land emphasizes command responsibility in three places: (i) Section I: On Belligerents: Chapter I: The Qualifications of Belligerents; (ii) Section III: Military Authority over the Territory of the Hostile State;[22] and (iii) the Adaptation to Maritime War of the Principles of the Geneva Convention deal specifically with command responsibility.[23]
To wit, Article 1 of Section I of Convention IV (Hague 1907) stipulates that:
The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling these conditions:
- To be commanded by a person responsible for his subordinates
- To have a fixed distinctive emblem recognizable at a distance
- To carry arms openly
- To conduct their operations in accordance with the
laws and customs of war
Moreover, command responsibility is stipulated in Article 43, Section III of Convention IV:
The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.
Furthermore, command responsibility is stipulated in Article 19 of Convention X, the Adaptation to Maritime War of the Principles of the Geneva Convention:
The commanders in chief of the belligerent fleets must arrange for the details of carrying out the preceding articles, as well as for cases not covered thereby, in accordance with the instructions of their respective Governments and in conformity with the general principles of the present Convention.
Militias and irregular formations
Since the 1990s, national governments hire mercenary soldiers to replace regular army soldiers in fighting wars, which replacement of tactical combat personnel (infantry) – by a private military company – raises the legal matter of command responsibility for the war crimes and crimes against humanity committed by mercenaries ostensibly not subject to the military law of any belligerent party.[24]
Political scientists and military jurists said that when the operational conduct of mercenary soldiers is indistinguishable from the operational conduct of the combatant soldiers (uniform, weapons, tactics, missions, etc.) that practical likeness renders the mercenary (militiaman or irregular combatant) into a legitimate agent of the belligerent state, who thus is subject to the legal liabilities of command responsibility codified in the Hague and in the Geneva Conventions.[25]
The Yamashita standard
As a
The International Military Tribunal for the Far East who charged, tried, and judged Gen. Yamashita guilty of war crimes established the Yamashita standard of criminal liability, whereby if "vengeful actions are widespread offenses, and there is no effective attempt by a commander to discover and control the criminal acts, [then] such a commander may be held responsible, even criminally liable". In 1946, with the Application of Yamashita, 327 U.S. 1, the U.S. Supreme Court resolved the ambiguous wording of that legal definition of command responsibility, which did not establish the commander's required degree of knowledge of the war crimes committed by his subordinates.[26]
At Nuremberg, in the
At Nuremberg, in the trial of the
After the war crimes trials of the Second World War, military law expanded the scope and deepened the definition of command responsibility, by imposing criminal liability upon commanding officers who fail to prevent their soldiers committing war crimes against prisoners of war and atrocities against civilians. The last two war-crime trials of the
Superior responsibility
Legalized torture
Concerning the superior responsibility inherent to
Consequent to the 11 September 2001 terrorist attacks, the U.S. government deployed legalistic arguments to justify torture by way of
In the case of Hamdan v. Rumsfeld, 548 U.S. 557 (2006), the U.S. Supreme Court overruled Attorney General Gonzáles' illegal reclassification of POWs as detainees; ruled that Common Article 3 of the Geneva Conventions applies to the Al Qaeda POWs at the Guantanamo Bay prison camp; and ruled that the Guantanamo military commission who tried, judged, and sentenced al Qaeda POWs was an illegitimate military tribunal, because the U.S. Congress did not establish it.[31]
Moreover, the Human Rights Watch organization said that, given his superior responsibility of government office, U.S. Secretary of Defense Donald Rumsfeld would be criminally liable for the torturing of the prisoner Mohammed al-Qahtani.[32] In "The Real Meaning of the Hamdan Ruling Supreme Court: Bush Administration Has Committed War Crimes" (2006), the writer Dave Lindorff said that in flouting the Geneva Conventions, the Bush Administration were legally liable for war crimes in U.S.-occupied Iraq.[33]
Universal jurisdiction
In 2006, a prosecutor of the
Moreover, in legal practice, the
In "History Will Not Absolve Us: Leaked Red Cross Report Sets up Bush Team for International War-crimes Trial" (2007), Nat Hentoff said that the report Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality (2007), by Human Rights First and Physicians for Social Responsibility, would be evidence of U.S. war crimes at a war-crimes trial of the War on Terror.[39] Moreover, by the end of the Bush Administration in 2008, the international community said that the United Nations Convention Against Torture (1985) obligated the U.S. government to prosecute the civilian and military officers who ordered and realized the torture of POWs captured during the War on Terror.[40]
The
Codification
The
the fact that a breach of the Conventions or of this Protocol was committed by a subordinate does not absolve his superiors from ... responsibility ... if they knew, or had information which should have enabled them to conclude in the circumstances at the time, that he was committing or about to commit such a breach, and if they did not take all feasible measures within their power to prevent or repress the breach.
Therefore, in the execution of military operations, Article 86(2) obligates a commanding officer to "prevent, and, where necessary, to suppress and report to competent authorities" any violation of the Geneva Conventions and of Additional Protocol I.[6][8][18]
Definitions
In discussions of command responsibility the term command is defined as
- In military and civilian, the determining factor is hierarchical subordination, not the rank of the commanding officer.
There are four structures of command authority:
- Policy command: heads of state, high-rank government officials, and monarchs
- Strategic command: the War Cabinet and the Joint Chiefs of Staff
- Operational command: Military leadership in the field. The Yamashita standard established that a commanding officer cannot cede operational command to a subordinate officer; that operational commanders must fully exercise the potential of their authority to prevent the commission of war crimes – neither failure to supervise subordinates nor ambiguous orders exculpate the commander.
- Tactical command: direct command of troops on the ground.[5][6]
International law developed two types of de jure commanders:
- Prisoner-of-war (POW) camp commanders: With the application of the Alekowski decision, the ICTY established that the commander of a POW camp is entrusted with the welfare of every prisoner, and that the condition of subordination is irrelevant.
- Executive commanders: the supreme governing authority of a territory under military occupation. Subordination is again irrelevant – the commanding officer is responsible for the welfare of the civilian populace under his military occupation, as established in the High Command Trial and in the Hostages Trial at Nuremberg.
- In de facto (factual) command, the effective, tactical control of soldiers in the field is the determining factor, not the rank of the commanding officer. This circumstance of de facto command authority requires the existence of a formal superior-subordinate relationship.
The indicators (discriminating marks) of command authority are:
- Capacity to issue orders.
- Power of influence: recognized as a source of authority in the Ministries Trial (1947–1949) before the U.S. Military Tribunal at Nuremberg.
- Evidence stemming from distribution of tasks: the ICTY established the Nikolic test – superior status is deduced from an analysis of the distribution of military tasks among the soldiers of the unit, and applies to operational and POW camp commanders.[5][6]
- Policy command:
Moreover, Additional Protocol I to the Geneva Convention and the statutes of the
Application
Nuremberg tribunal
In the aftermath of the Second World War, the
Crime | Description |
---|---|
Crimes against peace
|
the planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing. |
War crimes
|
violations of the laws and customs of war. A list follows with, villages, or devastation not justified by military necessity .
|
Crimes against humanity | Murder, domestic law of the country where perpetrated.
|
Legally, the jurisdiction of the
International Criminal Tribunal for the former Yugoslavia
The ICTY statute article 7 (3) establishes that the fact that crimes "were committed by a subordinate does not relieve his superior of criminal responsibility if he knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators."[18]
The Prosecutor v. Delalić et al. ("the Čelebići case") first considered the scope of command responsibility by concluding that "had reason to know" (article 7(3)) means that a commander must have "had in his possession information of a nature, which at the least, would put him on notice of the risk of ... offences by indicating the need for additional investigation in order to ascertain whether ... crimes were committed or were about to be committed by his subordinates."[6][8][18]
In The Prosecutor v. Blaškić ("the Blaškić case") this view was corroborated. However, it differed regarding mens rea required by AP I. The Blaškić Trial Chamber concluded that "had reason to know", as defined by the ICTY Statute, also imposes a stricter "should have known" standard of mens rea.[8][18]
The conflicting views of both cases were addressed by the Appeals Chambers in Čelebići and in a separate decision in Blaškić. Both rulings hold that some information of unlawful acts by subordinates must be available to the commander following which he did not, or inadequately, discipline the perpetrator.[5][6][8][18]
The concept of command responsibility has developed significantly in the jurisprudence of the ICTY. One of the most recent judgements that extensively deals with the subject is the Halilović judgement[42] of 16 November 2005 (para. 22–100).
International Criminal Tribunal for Rwanda
The judgement against Jean-Paul Akayesu established rape as a war crime. Rape was placed in line with "other acts of serious bodily and mental harm"[44] rather than the historical view of rape as "a trophy of war".[45] Akayesu was held responsible for his actions and non-actions as mayor and police commander of a commune in which many Tutsis were killed, raped, tortured, and otherwise persecuted.
Another case prosecuted persons in charge of a radio station and a newspaper that incited and then encouraged the Rwandan genocide. The defendants were charged with genocide,
International Criminal Court
Following several ad hoc tribunals, the international community decided on a comprehensive court of justice for future crimes against humanity. This resulted in the International Criminal Court, which identified four categories.[13]
- Genocide
- Crimes against humanity
- War crimes
- Crimes of aggression
Article 28 of the
either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes.[7][8][18]
It uses the stricter "should have known" standard of mens rea, instead of "had reason to know", as defined by the ICTY Statute.[6][18] Although the ICC Pre-Trial Chamber established a test for the "should have known" standard during the prosecution of Jean-Pierre Bemba, it has never been tested because Bemba had "actual knowledge" of crimes by his subordinates.[46]
The Bush administration adopted the
War in Darfur
Human Rights Watch commented on this conflict by stating that:
individual commanders and civilian officials could be liable for failing to take any action to end abuses by their troops or staff ... The principle of command responsibility is applicable in internal armed conflicts as well as in international armed conflicts.[48]
The Sunday Times in March 2006 and the Sudan Tribune in March 2008 reported that the UN Panel of Experts determined that Salah Gosh and Abdel Rahim Mohammed Hussein
had "command responsibility" for the atrocities committed by the multiple Sudanese security services.[49]
Following an inquiry by the United Nations, regarding allegations of involvement of the Government in genocide, the dossier was referred to the International Criminal Court.
The
Zimbabwe
For his conduct as President of Zimbabwe, including allegations of torture and murder of political opponents, it was suggested Robert Mugabe may be prosecuted using this doctrine.[52] Because Zimbabwe has not subscribed to the International Criminal Court's jurisdiction it may be authorised by the United Nations Security Council. The precedent for this was set by its referral to bring indictments relating to the crimes committed in Darfur.[53]
See also
- Joint criminal enterprise
- Cases before the International Criminal Court
- Rule of Law in Armed Conflicts Project
- Crime against humanity
- Crime against peace
- Geneva Conventions
- Jus ad bellum
- Jus in bello
- List of war crimes
- List of war criminals
- Nuremberg Charter
- Nuremberg Principles
- Parental responsibility
- Respondeat superior
- Superior orders
- The Buck Stops Here
- Vicarious liability
- War crimes
- War Crimes Act of 1996
Notes
- ^ Guilty Associations: Joint Criminal Enterprise, Command Responsibility, and the Development of International Criminal Law Archived 10 September 2006 at the Wayback Machine by Allison Marston Danner and Jenny S. Martinez, 15 September 2004.
- ^ Command, superior and ministerial responsibility by Robin Rowland, CBC News Online, 6 May 2004
- ^ Superior responsibility (Prosecutor v. Popović et al, ICTY TC II, 10 June 2010 (case no. IT-05-88-T). p. 511)
- .
- ^ a b c d e f Command Responsibility: The Contemporary Law at the Wayback Machine (archive index) by Iavor Rangelov and Jovan Nicic, Humanitarian Law Center, 23 February 2004.
- ^ a b c d e f g h i The Contemporary Law of Superior Responsibility Archived 2006-02-23 at the Wayback Machine by Ilias Bantekas, American Journal of International Law, 3 July 1999
- ^ a b c Joint Criminal Enterprise and Command Responsibility Archived 2007-06-10 at the Wayback Machine by Profr. Kai Ambos, University of Göttingen, 25 January 2007.
- ^ a b c d e f g h i j k Stuart E Hendin, "Command Responsibility and Superior Orders in the Twentieth Century – A Century of Evolution", Murdoch University Electronic Journal of Law
- ^ The Yamashita standard
- Robin Rowland, "Sugamo and the River Kwai", a research paper presented to Encounters at Sugamo Prison, Tokyo 1945–52, The American Occupation of Japan and Memories of the Asia-Pacific War, Princeton University, 9 May 2003.
- Anne E. Mahle, The Yamashita Standard, PBS
- ^ "Excerpt of the Prosecution Brief on the Law of Principals in United States v. Captain Ernest L. Medina". Archived from the original on 2007-08-04. Retrieved 2007-07-19.
- ^ The Medina standard
- Barry McCaffrey, "Human Rights and the Commander", autumn 1995
- Maj. Tony Raimondo, "The My Lai Massacre: A Case Study", Human Rights Program, School of the Americas, Fort Benning, Georgia
- ^ "Events of 1971 - Year in Review - UPI.com". Archived from the original on 2009-02-12. Retrieved 2011-01-11.
- ^ a b c Greppi, Eduardo. "The evolution of individual criminal responsibility under international law". University of Turin, Italy, International Committee of the Red Cross No. 835, p. 531–553, October 30, 1999.
- ^ Grant, Linda. "Exhibit highlights the first international war crimes tribunal". '"Harvard Law Bulletin.
- ^ a b Schabas, William A. An Introduction to the International Criminal Court (3rd ed.). Cambridge University Press.
- ^ Murray, Don. "Judge and master". CBC News. 8 July 2002.
- ^ Bassiouni, M. Cherif. "The Perennial Conflict Between International Criminal Justice and Realpolitik". Archived 2008-09-10 at the Wayback Machine 10 February 2006. International Human Rights Law Institute, DePaul University College of Law. Presented 14 March 2006 as the 38th Henry J. Miller Distinguished Lecture, Georgia State University College of Law, and to be published in the Georgia State University Law Review.
- ^ a b c d e f g h i j k l Levine, Eugenia. "Command Responsibility: The Mens Rea Requirement". Global Policy Forum. February 2005.
- ^ Instructions for the Government of Armies of the United States in the Field
- ^ ISBN 978-0-19-920310-9.
- ISBN 978-0-7618-2570-8.
- ^ "Convention (IV) Respecting the Laws and Customs of War on Land and its Annex: Regulations Concerning the Laws and Customs of War on Land". The Hague: International Committee of the Red Cross. 18 October 1907.
- ^ "Adaptation to Maritime War of the Principles of the Geneva Convention (Hague X)". International Committee of the Red Cross. October 18, 1907.
- ^ The 20th-century legal definition of a mercenary soldier is in Article 47, Protocol I Protocol Additional to the Geneva Convention of 1977.
- .
- ^ U.S. Supreme Court (4 February 1946), Application of Yamashita, 327 U.S. 1 (1946) [full text of the opinion]
- ^
- "Getting Away with Torture? Command Responsibility for the U.S. Abuse of Detainees". Human Rights Watch, April 2005 Vol. 17, No. 1
- "Accountability Absent in Prisoner Torture". Archived 2006-03-02 at the Wayback Machine by John D. Hutson, Pioneer Press, 28 February 2006.
- Mayer, Jane. "The Memo: How an internal effort to ban the abuse and torture of detainees was thwarted". The New Yorker. 27 February 2006
- Cohn, Marjorie. "The Quaint Mr. Gonzales". La Prensa San Diego, 19 November 2004.
- "Rumsfeld, Bush, and 'command responsibility'". Archived 2005-12-16 at the Wayback Machine[full citation needed]
- Conason, Joe. "From John Ashcroft's Justice Department to Abu Ghraib".[permanent dead link] Salon, 22 May 2004.
- ^
- "Command's Responsibility: Detainee Deaths in U.S. Custody in Iraq and Afghanistan". Archived from the original on October 2, 2006. Retrieved 2010-08-16.. Human Rights First.
- Brecher, Jeremy, and Smith, Brendan. "Command Responsibility?" Archived 2009-09-10 at the Wayback Machine Foreign Policy in Focus (FPIF), a project of the International Relations Center and the Institute for Policy Studies. 10 January 2006.
- ^ Shapiro, Walter. "Parsing Pain". Archived March 7, 2008, at the Wayback Machine Salon. 23 February 2006.
- ^
- "Torture and Accountability by Elizabeth Holtzman", The Nation, June 28, 2005 (July 18, 2005 issue) about the Geneva Convention
- "Former NY Congress member Holtzman Calls For President Bush and His Senior Staff To Be Held Accountable for Abu Ghraib Torture". Archived November 14, 2007, at the Wayback Machine. June 30, 2005. Democracy Now.
- Isikoff, Michael. "Memos Reveal War Crimes Warnings". Newsweek. May 19, 2004
- "US Lawyers Warn Bush on War Crimes". Global Policy Forum. Archived October 20, 2008, at the Wayback Machine. January 28, 2003.
- ^ Isikoff, Michael, and Taylor, Stuart, Jr. "The Gitmo Fallout: The Fight Over the Hamdan Ruling Heats Up – As Fears About its Reach Escalate". Archived 12 May 2007 at the Wayback Machine. Newsweek. 17 July 2006.
- ^ "U.S.: Rumsfeld Potentially Liable for Torture Defense Secretary Allegedly Involved in Abusive Interrogation". Human Rights Watch. 14 April 2006.
- ^ Lindorff, Dave. "The Real Meaning of the Hamdan Ruling Supreme Court: Bush Administration Has Committed War Crimes". Archived 2006-07-05 at the Wayback Machine. CounterPunch. 3 July 2006.
- ^ Frel, Jan. "Could Bush Be Prosecuted for War Crimes?" Archived 2008-05-13 at the Wayback Machine. AlterNet. 10 July 2006.
- ^ Universal jurisdiction
- Zagorin, Adam. "Charges Sought Against Rumsfeld Over Prison Abuse". Time.
- "War Crimes Suit Prepared against Rumsfeld". Archived 14 November 2007 at the Wayback Machine. Democracy Now. 9 November 2006.
- Brecher Jeremy and Smith, Brendan. "War Criminals, Beware". Archived 20 November 2006 at the Wayback Machine. The Nation. 3 November 2006.
- ^ Ratner, Michael. "Pushing Back on Detainee Act". The Nation. 4 October 2006.
- ^ Military Commissions Act of 2006
- Dorf, Michael C. "Why The Military Commissions Act is No Moderate Compromise". FindLaw. October 11, 2006.
- Mariner, Joanne. "The CIA, the MCA, and Detainee Abuse". FindLaw. 8 November 2006.
- Mariner, Joanne. "Europe's Investigations of the CIA's Crimes". FindLaw. 20 February 2007.
- Hentoff, Nat (8 December 2006). "Bush's War Crimes Cover-up". Village Voice. Archived from the original on 2008-06-17. Retrieved 2007-04-02.
- Kuttner, Robert. "The John McCain Charade". Archived 2007-08-03 at the Boston Globe. 1 October 2006.
- Alexandrovna, Larisa. "Republican Torture Laws Will Live in History". AlterNet. 2 October 2006.
- ^ Chamberlain, Gethin. "Court 'can envisage' Blair prosecution". The Sunday Telegraph. 17 March 2007.
- ^ Hentoff, Nat. "History Will Not Absolve Us: Leaked Red Cross report sets up Bush team for international war-crimes trial" Archived 2008-07-04 at the Wayback Machine. Village Voice. 28 August 2007.
- ^ Other countries might pursue war-crime prosecutions
- Horton, Scott. "Overseas, Expectations Build for Torture Prosecutions". Harper's. 19 January 2009.
- Kaleck, Wolfgang. "Die leere Anklagebank – Heikles juristisches Erbe: Der künftige US-Präsident Barack Obama muss über eine Strafverfolgung seiner Vorgänger entscheiden. Mögliche Angeklagte sind George W. Bush und Donald Rumsfeld" [The empty dock – sensitive legal legacy: US President-elect Barack Obama must decide whether to prosecute his predecessors. Possible defendants include George W. Bush and Donald Rumsfeld]. "Archived copy". Archived from the original on 2009-02-25. Retrieved 2009-01-22.
{{cite web}}
: CS1 maint: archived copy as title (link) CS1 maint: bot: original URL status unknown (link)
- ^ a b Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment calls for prosecution
- Marinero, Ximena. "UN torture investigator calls on Obama to charge Bush for Guantanamo abuses". Archived May 2, 2009, at the Wayback Machine. Jurist. January 21, 2009.
- Horton, Scott. "UN Rapporteur: Initiate criminal proceedings against Bush and Rumsfeld now". Harper's. January 21, 2009.
- ^ "International Criminal Tribunal for the former Yugoslavia". United Nations.
- ^ United Nations Security Council Resolution 955. S/RES/955(1994) 8 November 1994.
- ^ "The Prosecutor v. Jean-Paul Akayesu (Trial Judgement)". Refworld. United Nations High Commissioner for Refugees. Retrieved 2019-10-22.
- ^ Walters, Paul (April 2005). "Introduction" (citation for honorary doctorate bestowed on Navanethem Pillay). Rhodes University. Archived from the original on 2006-09-26. Retrieved 8 May 2023.
- ^ Guilfoyle, Douglas (19 January 2021). "Command responsibility for Australian war crimes in Afghanistan". European Journal of International Law. Retrieved 19 January 2021.
- ^ American Servicemembers' Protection Act
- Scharf, Michael P. "The Nuremberg Tribunal: Background Reading about the International Criminal Court". Archived 2008-02-27 at the Wayback Machine. Case Western Reserve University.
- Krasnor, Emily. "American Disengagement with the International Criminal Court: Undermining International Justice and U.S. Foreign Policy Goals". The Online Journal of Peace and Conflict Resolution.
- Dolin, Benjamin R. "The International Criminal Court: American Concerns About an International Prosecutor". Archived 2008-06-05 at the The Parliament of Canada. 14 May 2002.
- "Chapter 9: Individual Accountability for Violations of Human Dignity: International Criminal Law and Beyond".[dead link][full citation needed]
- ^ Responsibility for crimes committed in Darfur
- "Entrenching Impunity: Government Responsibility for International Crimes in Darfur". Human Rights Watch. December 2005. Volume 17, No. 17(A).
- Muhammed-Ally, Nur and Rachamalla, Teja. "HRW Letter to Prime Minister Harper of Canada Regarding the Crisis in Darfur". Toronto: Human Rights Watch.
- ^ a b c Sunday Times and Sudan Tribune report on UN Panel
- Jaber, Hala. "Massacres suspect let into Britain". The Sunday Times. March 12, 2006.
- Suleiman, Mahmoud A. "Darfur, The $64 Question". Sudan Tribune. March 3, 2008.
- ^ Jurand, Deirdre. "Sudan president refuses to turn over war crimes suspects wanted by ICC". Jurist. June 8, 2008.
- ^ a b c Bashir indicted
- Walker, Peter and Sturcke, James. "Darfur genocide charges for Sudanese president Omar al-Bashir". The Guardian. July 14, 2008.
- Zimmermann, Dominik. "ICC prosecutor seeking arrest warrant for the President of Sudan". International Law Observer. July 14, 2008.
- ^ "Mugabe unlikely to pay for his crimes". Brisbane Times. April 4, 2008.
- ^ Robert Mugabe may be prosecuted
- Ellis, Mark S. "We can do something about Mugabe: The International Criminal Court has every right to demand justice and accountability". The Times. April 30, 2008
- "Robert Mugabe 'unlikely to flee Zimbabwe'"
References
- The interests of States versus the doctrine of superior responsibility Ilias Bantekas, International Review of the Red Cross No. 838, p. 391–402
- YAMASHITA, MEDINA, AND BEYOND: COMMAND RESPONSIBILITY IN CONTEMPORARY MILITARY OPERATIONS MILITARY LAW REVIEW
- THE TRIBUNAL'S FIRST TRIAL TO CONSIDER COMMAND RESPONSIBILITY... by the ICTY
- The Haditha Double Standard by Victor Hansen, JURIST
- The Last Line of Defense: The Doctrine of Command Responsibility, Gender Crimes in Armed Conflict, and the Kahan Report (Sabra & Shatilla) The Berkeley Electronic Press
- YAMASHITA v. STYER, Commanding General, U.S. Army Forces, Western Pacific, Findlaw
- Yamashita v. Styer, 327 U.S. 1 (1946) or [1]
- The Yamashita Standard by Anne E. Mahle, PBS
- Command Responsibility in the United States by Anne E. Mahle, PBS
- "FROM THE TOP ON DOWN" (PDF). Archived from the original (PDF) on September 27, 2007. Retrieved February 18, 2006. BY JOHN D. HUTSON AND JAMES CULLEN
- Guilty Associations: Joint Criminal Enterprise, Command Responsibility, and the Development of International Criminal Law by Allison Marston Danner† and Jenny S. Martinez, CALIFORNIA LAW REVIEW
- YAMASHITA, MEDINA, AND BEYOND: COMMAND RESPONSIBILITY IN CONTEMPORARY MILITARY OPERATIONS by MAJOR MICHAEL L. SMIDT
- Command Responsibility and Superior Orders in the Twentieth Century - A Century of Evolution by Stuart E Hendin BA, MA, LLB, LLM, QC, Murdoch University Electronic Journal of Law, Volume 10, Number 1 (March 2003)
- The Last Line of Defense: The Doctrine of Command Responsibility
- SUPERIOR OR COMMAND RESPONSIBILITY
- THE YAMASHITA WAR CRIMES TRIAL: COMMAND RESPONSIBILITY THEN AND NOW by Major Bruce D. Landrum
- Sugamo and the River Kwai By Robin Rowland, Paper presented to Encounters at Sugamo Prison, Tokyo 1945–52, The American Occupation of Japan and Memories of the Asia-Pacific War, Princeton University, May 9, 2003
- ROLE OF THE ARMED FORCES IN THE PROTECTION AND PROMOTION OF HUMAN RIGHTS General McCaffrey presented the following on 18 November 1995 during "Nuremberg and the Rule of Law: A Fifty-Year Verdict."
- THE CONTEMPORARY LAW OF SUPERIOR RESPONSIBILITY By Ilias Bantekas, the American Journal of International Law v.93, no. 3, July 1999