On Command

12 Pages Posted: 28 May 2021

See all articles by Diane Marie Amann

Diane Marie Amann

University of Georgia School of Law

Date Written: 2021


By reference to the Lieber Code and other sources, this essay emphasizes the history of responsibility underlying the doctrine of command responsibility, and further criticizes developments that seem to have intermingled that doctrine with what are called “modes of liability. The essay urges that consideration of commander responsibility stand apart from other such “modes,” and cautions against a jurisprudence that raises the risk that, before fora like the International Criminal Court, no one can be held to account. It appears in a symposium issue exploring a 2020 Cambridge University Press book by Darryl Robinson, Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law.

Keywords: command responsibility, international criminal law, International Criminal Court, superior responsibility, modes of liability, Lieber Code, international humanitarian law

Suggested Citation

Amann, Diane Marie, On Command (2021). 35 Temple Int'l & Compar. L. J. 121 (2021), University of Georgia School of Law Legal Studies Research Paper No. 2021-07, Available at SSRN: https://ssrn.com/abstract=3854045 or http://dx.doi.org/10.2139/ssrn.3854045

Diane Marie Amann (Contact Author)

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States

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