Responsibility for an Omission? Article 28 of the International Criminal Court Statute on Command Responsibility
Miskolc Journal of International Law, The University of Miskolc, (Winter 2011)
8 Pages Posted: 3 Nov 2012 Last revised: 4 Nov 2012
Date Written: October 31, 2012
The law of command responsibility has been explained as a unique creation of international criminal law for which there are no exactly comparable rules in national legal systems. Statements of the elements of the law of command responsibility are found both in the statutes and cases from the international criminal tribunals and in the statute of the International Criminal Court. This article comments on whether commanders should be viewing the ICC statutes on command responsibility as making them liable for omissions as well as deliberate orders.
Keywords: ICC, Command Responsibility, Omission
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