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Individual And Institutional Command Responsibility And The International Regulation Of Armed Conflicts

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Chapter Summary

In 1986 the International Court of Justice (ICJ) ruled that when an intervening state gives "direct and critical combat support" to an insurgent force and insurgent operations reflect "strategy and tactics wholly devised" by the intervening state, then an agency relationship is established. This chapter first explores whether this principle affects or has to affect the command responsibility in the context of multinational operations. Secondly, it assesses the scope of both institutional and individual command responsibility for war crimes occurring in multinational operations endowed with various mandates. The chapter particularly discusses the jurisprudential criteria of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) on superior responsibility. It examines whether and to what extent a military commander incurs superior responsibility during military operations. In light of present international humanitarian law (IHL) developments, the question is examined whether the present standards hereto suffice.

Keywords: ICTY; individual command responsibility; institutional command responsibility; International Criminal Tribunal for Rwanda (ICTR); international humanitarian law (IHL); multinational military operations; superior responsibility; war crimes



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