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This book examines the historical evolution of international humanitarian law, in particular the legal and political bases for the penalisation of infractions associated with this body of law. The interaction of law, politics and financial considerations have proved detrimental for staging criminal prosecutions, even to this day, but ultimately have not negated the criminal liability of perpetrators. The book explores the various forms of direct participation in humanitarian law offences and the concept of the doctrine of superior responsibility. It stipulates the liability of those persons who, being in a position of authority, fail to prevent or punish crimes committed by their subordinates. The book deals with the elaboration of a legal theoretical model, defined as the 'duty to control', which attempts to address the gap identified in the relevant law of causation. It traces the evolution of humanitarian law in the context of non-international armed conflicts, with the aim of determining the application of humanitarian and criminal norms therein. Although for the purposes of humanitarian law the distinction between non-international and international conflicts is becoming less significant, people must still be aware of the mechanism known as 'conflict classification'. The world's major powers, with the exception of the UK, have expressly or implicitly widened their judicial jurisdiction by penalising extraterritorial breaches committed in internal armed conflicts. The book focuses on the legislative and judicial efforts of developed nations, mainly from Europe and North America. For these countries, the suppression of extraterritorial crime is not of imminent importance.

Ilias Bantekas

legal theoretical model, defined as the ‘duty to control’, which attempts to address the gap identified in the relevant law of causation. Legal nature of the doctrine of superior responsibility The scope of the doctrine of superior responsibility has been the subject of fierce debate since the end of World War II, whereby its application by military tribunals was

in Principles of direct and superior responsibility in international humanitarian law
Ilias Bantekas

Introduction Thus far we have examined various inchoate and direct forms of criminal participation. The following two chapters explore the concept of the doctrine of superior responsibility (alternatively, command responsibility). It stipulates the liability of those persons who, being in a position of authority, fail to prevent or punish crimes committed by their

in Principles of direct and superior responsibility in international humanitarian law
A. P. V. Rogers

civilian life as well and hence tends to be called ‘superior responsibility’. However this chapter will be confined to military relationships. For the purposes of this chapter, a commander may be defined as a soldier having either direct authority over a body of troops or authority over a geographical area in which troops are stationed. Depending on the circumstances, a commander can be a corporal commanding an infantry section, a major appointed commandant of ICC Statute, Art. 25. A commander can, of course, be a man or woman. To avoid use of the clumsy ‘his/her’, the

in Law on the battlefield
Third edition

This book bridges the gap between the legal theory propounded in academic works and the practical implementation of customary and treaty law as evidenced by military manuals, operational orders and instructions or in reports relating to incidents occurring in armed conflict. It illustrates conflicts, generally those in which British sailors, soldiers and airmen have been involved. The book highlights the more recent judgments and opinions of the International Criminal Tribunal for the former Yugoslavia, the International Court of Justice and the European Court of Human Rights, the comprehensive work of the International Committee of the Red Cross with regard to customary international humanitarian law and the meaning of 'direct participation in hostilities', the Harvard University air and missile warfare project, the San Remo Manual on non-international armed conflicts, and the UK Law of Armed Conflict Manual of 2004. It discusses the protection of the wounded and sick, the security aspects of belligerent occupation and, because this is constantly raised as a weakness of the law of armed conflict, on the implementation and enforcement of this branch of the law. Concerns about recent events, such as publication of the 'Torture Papers', conditions at Abu Ghraib, the perceived 'legal hole' at Guantanamo Bay or the United Kingdom's Baha Mousa inquiry, caused the author to reflect on the utility of the law of armed conflict given the apparent willingness of some to exploit loopholes in the law or deploy ingenious approaches to its interpretation to the detriment of humanity.


The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).

Abstract only
Christine Byron

mentioned in the ICCPR could still feasibly amount to the offence of persecution. 15 Second, failure to enact an equivalent of Article 25 on individual criminal responsibility, or Article 28 on command and superior responsibility, could result in inability on the part of a State to prosecute those who attempt to commit or assist in the commission of war crimes or crimes against humanity, or inability to prosecute commanders who fail to repress such crimes. For example, the Finnish ICC Crimes Act completely fails to mention command responsibility

in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
Legality and legitimacy
Dominic McGoldrick

criminal prosecution and punishment of breaches of international humanitarian law’, European Journal of International Law, 9 (1998), 2–17. 81 Article 9(1) ICTY Statute. 82 Article 10 ICTY Statute. The ICTR Statute contains the same provision. 83 Article 7 ICTY Statute. Article 6 ICTR Statute is the same. 84 See I. Bantekas, Principles of Direct and Superior Responsibility in International Humanitarian Law (Manchester: Manchester University Press, 2002). 85 UN Doc. S/25704, para. 28. 86 See the annual reports of the ICTY for 1999 and 2000. For the trial of Slobodan

in Domestic and international trials, 1700–2000
Changing the discourse; bringing humanitarianism back; empowering new voices and actors; challenging material spending
Marianne Hanson

advocates seeking to criminalize the destruction of ecosystems and to establish a legal duty of care for the environment, by holding people of ‘superior responsibility’ to account (Hall 2012 ). Many of the studies which came to be associated with the Humanitarian Initiative focused extensively on the consequences of nuclear weapons for the environment (Toon et al

in Challenging nuclearism