The doctrine of command responsibility and the need to avoid arbitrary punishments / Deborah Civico.
2017
KZ7095 .C58 2017 (Mapit)
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Author
Title
The doctrine of command responsibility and the need to avoid arbitrary punishments / Deborah Civico.
Imprint
Oisterwijk, The Netherlands : Wolf Legal Publishers (WLP), [2017]
Copyright
©2017.
Description
174 pages ; 24 cm
Formatted Contents Note
Setting a legal framework for leaders individual responsibility in international criminal law
The historical evolution of superior responsibility
Superior responsibility under Article 28 of the statute of the International Criminal Court
The subjective element of command responsibility : the mens rea standard
Sentencing in command responsibility cases : the need to avoid arbitrary punishments.
The historical evolution of superior responsibility
Superior responsibility under Article 28 of the statute of the International Criminal Court
The subjective element of command responsibility : the mens rea standard
Sentencing in command responsibility cases : the need to avoid arbitrary punishments.
Summary
"When should a superior be held responsible for the crimes of his subordinates? Power and responsibility are to be seen as a continuum, with one flowing along the other. What often emerges is the idea of a power which, pretending to do well, has in it the seeds of 'evil'. An 'evil' restrained, but always ready to manifest in exceptional moments, as a surplus of sovereignty. Thus, having power can compel a person to abridge the limits of morality and infringe upon the rights of others. Therefore, a leader, under the 'intoxication' of power, could refuse to respect the rights of others, and become irresponsible and unaccountable. Moving along the same idea, responsibility without power becomes meaningless. Unless a person has been entrusted an adequate amount of power, the responsibility entrusted cannot be performed. Thus, power and responsibility require the support of each other in every walk of life. Power and responsibility: that is where command responsibility comes from"--Back cover.
Bibliography, etc. Note
Includes bibliographical references (pages 163-171).
Location
STA
Call Number
KZ7095 .C58 2017
Language
English
ISBN
9789462403482 (paperback)
9462403481 (paperback)
9462403481 (paperback)
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