Ilias Bantekas
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The substantive law of superior responsibility
in Principles of direct and superior responsibility in international humanitarian law
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This chapter analyses the circumstances under which superiors incur liability for the acts of their subordinates. A fundamental question posed in this chapter is whether all types of superiors are liable in accordance with the same criteria, or whether this depends upon each particular person's de facto or de jure status. The chapter presents an analysis of the necessary and reasonable measures expected of operational, tactical and POW camp commanders, as well as the extent of their liability in accordance with either the people they command or control, or the territory that they occupy. Regulation 8(ii) of the British Royal Warrant was subsequently construed by the United Nations War Crimes Commission as referring to a matter of evidence and not of substantive law. The chapter examines the applicable mens rea standard required under the doctrine of command responsibility, as well as possible lege ferenda standards.

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