Command responsibility and the International Criminal Court

This book discusses the issues surrounding the
responsibility of commanders and other superiors
under article 28(a) of the Rome Statute, but focuses
on the superior responsibility of a person
effectively acting as a military commander for crimes
committed by the military forces. Is it fair under
the Rome Statute to treat as equal a military
commander and a person effectively acting as a
military commander if he or she fails to exercise
proper control over the military forces under his or
her command and control, or effective authority and
control? Might article 28 of the Rome Statute overlap
with article 25 on individual criminal
responsibility? Does the crime of omission under
article 28 constitute a separate offence or
dereliction of duty? The author argues that it is
unfair to treat as equal the superior responsibility
of a military commander and of a person effectively
acting as a military commander for crimes committed
by the military forces. The reason is that they do
not have the same power over such forces. The nature
of command responsibility is still open to debate in
international criminal law to establish of what
exactly a superior is held responsible.

Autorentext

is an International Human Rights Lawyer (LLM Essex Uni.),previously with private practice in Rwanda, defending survivorsof the genocide, as well as presumed perpetrators in prison. Heworked as a Legal advisor for different NGOs in Rwanda and DRCongo, currently in Europe. He is researching issues ofinternational criminal law and refuge law.

Klappentext

This book discusses the issues surrounding theresponsibility of commanders and other superiorsunder article 28(a) of the Rome Statute, but focuseson the superior responsibility of a personeffectively acting as a military commander for crimescommitted by the military forces. Is it fair underthe Rome Statute to treat as equal a militarycommander and a person effectively acting as amilitary commander if he or she fails to exerciseproper control over the military forces under his orher command and control, or effective authority andcontrol? Might article 28 of the Rome Statute overlapwith article 25 on individual criminalresponsibility? Does the crime of omission underarticle 28 constitute a separate offence ordereliction of duty? The author argues that it isunfair to treat as equal the superior responsibilityof a military commander and of a person effectivelyacting as a military commander for crimes committedby the military forces. The reason is that they donot have the same power over such forces. The natureof command responsibility is still open to debate ininternational criminal law to establish of whatexactly a superior is held responsible.