The Law of Command Responsibility

The Law of Command Responsibility
Title The Law of Command Responsibility PDF eBook
Author Guénaël Mettraux
Publisher
Pages 342
Release 2009-03-19
Genre History
ISBN

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This is the first comprehensive guide to the law of command responsibility. Originally invoked against Nazi leaders for failing to prevent or punish crimes of subordinates, and more recently in the Yugoslav War Crimes Tribunal, command responsibility continues to be of importance in cases arising from the Iraq War and the War on Terror

Command Responsibility in International Criminal Law

Command Responsibility in International Criminal Law
Title Command Responsibility in International Criminal Law PDF eBook
Author Chantal Meloni
Publisher Asser Press
Pages 298
Release 2010-06-10
Genre Law
ISBN

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This book offers an in-depth study of the command responsibility doctrine, pursuant to which military commanders and civilian leaders can be held responsible for the crimes committed by their subordinates that they failed to prevent or punish. This form of responsibility has gained much attention in the last years; however, it still presents several open questions and critical difficulties arise in its application. The author traces the roots of such criminal responsibility, from its military origins to its first appearances in international case law after World War II. Particular attention is given to the jurisprudence of the ad hoc Tribunals, which extensively elaborated on the issue, and to the provision of Article 28 of the Statute of the International Criminal Court. The book provides a systematic analysis of command responsibility, outlining its different forms and finding a proper role for it within the complex net of responsibilities that connotes the commission of international crimes. This book is an important contribution to the literature and worldwide discussion on command responsibility and therefore highly recommended to scholars of international law, criminal law and international criminal law as well as to all practitioners (judges, legal assistants, prosecutors, defence counsels) working at or with international tribunals, experts in the military field, investigators dealing with international crimes, NGOs and journalists. Chantal Meloni is working as a Researcher at the Criminal Law Department of the UniversitàdegliStudi of Milan, Italy. Since several years she specializes in international criminal law. She spent long research periods abroad, in particular at the Humboldt Universität of Berlin in Germany. She also worked at the International Criminal Court as a Legal Assistant in Chambers.

Yamashita's Ghost

Yamashita's Ghost
Title Yamashita's Ghost PDF eBook
Author Allan A. Ryan
Publisher University Press of Kansas
Pages 408
Release 2014-10-17
Genre History
ISBN 0700620141

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"I don't blame my executioners. I will pray God bless them. " So said General Tomoyuki Yamashita, Japan's most accomplished military commander, as he stood on the scaffold in Manila in 1946. His stoic dignity typified the man his U.S. Army defense lawyers had come to deeply respect in the first war crimes trial of World War II. Moments later, he was dead. But had justice been served? Allan A. Ryan reopens the case against Yamashita to illuminate crucial questions and controversies that have surrounded his trial and conviction, but also to deepen our understanding of broader contemporary issues-especially the limits of command accountability. The atrocities of 1944 and 1945 in the Philippines-rape, murder, torture, beheadings, and starvation, the victims often women and children-were horrific. They were committed by Japanese troops as General Douglas MacArthur's army tried to recapture the islands. Yamashita commanded Japan's dispersed and besieged Philippine forces in that final year of the war. But the prosecution conceded that he had neither ordered nor committed these crimes. MacArthur charged him, instead, with the crime-if it was one-of having "failed to control" his troops, and convened a military commission of five American generals, none of them trained in the law. It was the first prosecution in history of a military commander on such a charge. In a turbulent and disturbing trial marked by disregard of the Army's own rules, the generals delivered the verdict they knew MacArthur wanted. Yamashita's lawyers appealed to the U.S. Supreme Court, whose controversial decision upheld the conviction over the passionate dissents of two justices who invoked, for the first time in U.S. legal history, the concept of international human rights. Drawing from the tribunal's transcripts, Ryan vividly chronicles this tragic tale and its personalities. His trenchant analysis of the case's lingering question-should a commander be held accountable for the crimes of his troops, even if he has no knowledge of them-has profound implications for all military commanders.

Hitler's Generals on Trial

Hitler's Generals on Trial
Title Hitler's Generals on Trial PDF eBook
Author Valerie Geneviève Hébert
Publisher University Press of Kansas
Pages 376
Release 2021-02-12
Genre History
ISBN 0700632670

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By prosecuting war crimes, the Nuremberg trials sought to educate West Germans about their criminal past, provoke their total rejection of Nazism, and convert them to democracy. More than all of the other Nuremberg proceedings, the High Command Case against fourteen of Hitler's generals embraced these goals, since the charges-the murder of POWs, the terrorizing of civilians, the extermination of Jews-also implicated the 20 million ordinary Germans who had served in the military. This trial was the true test of Nuremberg's potential to inspire national reflection on Nazi crime. Its importance notwithstanding, the High Command Case has been largely neglected by historians. Valerie Hébert's study—the only book in English on the subject—draws extensively on the voluminous trial records to reconstruct these proceedings in full: prosecution and defense strategies; evidence for and against the defendants and the military in general; the intricacies of the judgment; and the complex legal issues raised, such as the defense of superior orders, military necessity, and command responsibility. Crucially, she also examines the West German reaction to the trial and the intense debate over its fairness and legitimacy, ignited by the sentencing of soldiers who were seen by the public as having honorably defended their country. Hébert argues that the High Command Trial was itself a success, producing eleven guilty verdicts along with an incontrovertible record of the German military's crimes. But, viewing the trial from beyond the courtroom, she also contends that it made no lasting imprint on the German public's consciousness. And because the United States was eager to secure West Germany as an ally in the Cold War, American officials eventually consented to parole and clemency programs for all of the convicted officers, so that by the late 1950s not one remained imprisoned. Superbly researched and impeccably told, Hitler's Generals on Trial addresses fundamental questions concerning the meaning of justice after atrocity and genocide, the moral imperative of punishment for these crimes, the link between justice and memory, and the relevance of the Nuremberg trials for transitional justice processes today. Inasmuch as these trials coined the vocabulary of modern international criminal law and set an agenda for transitional justice that remains in place today, Hébert's book marks a major contribution to military and legal history.

Classic Crimes

Classic Crimes
Title Classic Crimes PDF eBook
Author William Roughead
Publisher New York Review of Books
Pages 580
Release 2000-08-31
Genre True Crime
ISBN 9780940322462

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Dorothy Sayers called William Roughead "the best showman who ever stood before the door of the chamber of horrors," and his true crime stories, written in the early 1900s, are among the glories of the genre. Displaying a meticulous command of evidence and unerring dramatic flair, Roughead brings to life some of the most notorious crimes and extraordinary trials of eighteenth- and nineteenth-century England and Scotland. Utterly engrossing, these accounts of pre-meditated mayhem and miscarried justice also cast a powerful light on the evil that human beings, and human institutions, find both tempting to contemplate and all too easy to do.

Capital Crimes

Capital Crimes
Title Capital Crimes PDF eBook
Author Stuart Woods
Publisher Penguin
Pages 372
Release 2004-04-06
Genre Fiction
ISBN 9780451211569

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Will Lee, the courageous and uncompromising senator from Georgia, is back—now as President of the United States—in the fifth book in the New York Times bestselling series that began with Chiefs. When a prominent conservative politician is killed inside his lakeside cabin, authorities have no suspect in sight. And two more deaths—seemingly isolated incidents, achieved by very different means—might be linked to the same murderer. With the help of his CIA director wife, Kate Rule Lee, Will is facing a perilous challenge: catch the most clever and professional of killers before he can strike again. From a quiet D.C. suburb to the corridors of power to a deserted island hideaway in Maine, Will, Kate, and the FBI will track their man and set a trap with extreme caution and care—and await the most dangerous kind of quarry, a killer with a cause to die for...

Future Crimes

Future Crimes
Title Future Crimes PDF eBook
Author Marc Goodman
Publisher Anchor
Pages 581
Release 2015-02-24
Genre Technology & Engineering
ISBN 0385539010

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NEW YORK TIMES and WALL STREET JOURNAL BESTSELLER ONE OF THE WASHINGTON POST'S 10 BEST BOOKS OF 2015 One of the world’s leading authorities on global security, Marc Goodman takes readers deep into the digital underground to expose the alarming ways criminals, corporations, and even countries are using new and emerging technologies against you—and how this makes everyone more vulnerable than ever imagined. Technological advances have benefited our world in immeasurable ways, but there is an ominous flip side: our technology can be turned against us. Hackers can activate baby monitors to spy on families, thieves are analyzing social media posts to plot home invasions, and stalkers are exploiting the GPS on smart phones to track their victims’ every move. We all know today’s criminals can steal identities, drain online bank accounts, and wipe out computer servers, but that’s just the beginning. To date, no computer has been created that could not be hacked—a sobering fact given our radical dependence on these machines for everything from our nation’s power grid to air traffic control to financial services. Yet, as ubiquitous as technology seems today, just over the horizon is a tidal wave of scientific progress that will leave our heads spinning. If today’s Internet is the size of a golf ball, tomorrow’s will be the size of the sun. Welcome to the Internet of Things, a living, breathing, global information grid where every physical object will be online. But with greater connections come greater risks. Implantable medical devices such as pacemakers can be hacked to deliver a lethal jolt of electricity and a car’s brakes can be disabled at high speed from miles away. Meanwhile, 3-D printers can produce AK-47s, bioterrorists can download the recipe for Spanish flu, and cartels are using fleets of drones to ferry drugs across borders. With explosive insights based upon a career in law enforcement and counterterrorism, Marc Goodman takes readers on a vivid journey through the darkest recesses of the Internet. Reading like science fiction, but based in science fact, Future Crimes explores how bad actors are primed to hijack the technologies of tomorrow, including robotics, synthetic biology, nanotechnology, virtual reality, and artificial intelligence. These fields hold the power to create a world of unprecedented abundance and prosperity. But the technological bedrock upon which we are building our common future is deeply unstable and, like a house of cards, can come crashing down at any moment. Future Crimes provides a mind-blowing glimpse into the dark side of technological innovation and the unintended consequences of our connected world. Goodman offers a way out with clear steps we must take to survive the progress unfolding before us. Provocative, thrilling, and ultimately empowering, Future Crimes will serve as an urgent call to action that shows how we can take back control over our own devices and harness technology’s tremendous power for the betterment of humanity—before it’s too late.