The Contemporary Law of Superior Responsibility
Bibliographic Data
| ID | 9545924 |
|---|---|
| Authors | Ilias Bantekas (0000-0002-4207-2278, University of Westminster, corresponding author) |
| Year | 1999 |
| Volume | 93 |
| Issue | 3 |
| Pages | 573-595 |
| Publication date | 1999-07-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/2555261 |
| OpenAlex | W2024432804 |
| Language | EN |
| Citations received | 9 |
In the bloody aftermath of World War I it became apparent that those in military or civilian authority provided a cornerstone for the good conduct of those under their command, and hence should carry some liability for their actions. A Commission established by the allies after World War I to assess the responsibility of German officers rightly assumed that a combination of power to intervene, knowledge of crimes and subsequent failure to act should render those concerned liable for the crimes of their subordinates. Despite United States and Japanese dissent, die latter arguing that highranking officials could not be held personally accountable under international law in accordance with the abstention theory of responsibility, trials instituted at the German Supreme Court in Leipzig recognized the existence of concrete duties pertaining to military commanders. Undoubtedly, two precursors to the Leipzig proceedings, the Hague Conventions IV (1907) and X (1907) created affirmative command duties in relation to the conduct of subordinate persons, establishing the doctrine of “command responsibility.”
Commission · Cornerstone · Dissent · Doctrine · German · International law · Liability · Political science · Power (physics · Sociology · Supreme court · War crime · Global Peace and Security Dynamics · History · International Law and Human Rights · Law · War, Ethics, and Justification
La Responsabilidad del Superior en el Acuerdo de Paz en Colombia a la luz del Derecho Internacional
The Blaškić trial
Reason to know” in the international law of command responsibility
Reaching Inside the State
Three Responses to ‘Can There Be Genocide Without the Intent to Commit Genocide?’
The costs and benefits of prosecution
II. Command Responsibility and the Blaskic Case
II. Implementation of the Criminal Court Statute in England and Wales
Famine Crimes in International Law
| Citations per year | 0.36 |
|---|---|
| Citation span | 2001 - 2022 (22) |
| Highly cited | No |