Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The transposition of military commanders discretion onto International Criminal responsibility for military commanders: An increasing legal-political dilemma within International Criminal justice

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Criminal trials either at a domestic level or before international criminal courts whereby military commanders are held accountable for (international) crimes conducted by their subordinates is an emerging topic of perennial concern. This chapter examines how international criminal responsibility for military commanders can be vested in the presence of military commanders discretion. It shows that the imposition of superior responsibility on military commanders provokes several questions of legal-political nature. The chapter appeals to military commanders discretion in general and it positions the mens rea element within a legal-political dilemma, namely the choice a military commander sometimes has to make between military operational goals and responsibilities, such as forced protection, on the one hand and legal responsibilities on the other hand.

Keywords: international criminal courts; international criminal responsibility; legal-political dilemma; mens rea ; military commanders

10.1163/ej.9789004163089.i-1122.201
/content/books/10.1163/ej.9789004163089.i-1122.201
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Legal Regime of the International Criminal Court — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation