THE RESPONSIBILITY OF SUPERIOR “SENSU STRICTO” FOR WAR CRIMES IN THE CONTEMPORARY INTERNATIONAL LAW
The present paper studies the superior’s responsibility by war crimes according to the International law. After the revision of some aspects focused on its nature as responsibility by omission, its three constitutive elements are extensively examined. In general terms, these are: a) the existence of...
| Autor Principal: | Péres-León Acevedo, JUAN PABLO; Pontificia Universidad Católica del Perú (PUCP). |
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| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
Editorial Pontificia Universidad Javeriana y Facultad de Ciencias Jurídicas
2007
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| Acceso en línea: |
http://revistas.javeriana.edu.co/index.php/internationallaw/article/view/13962 |
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| Sumario: |
The present paper studies the superior’s responsibility by war crimes according to the International law. After the revision of some aspects focused on its nature as responsibility by omission, its three constitutive elements are extensively examined. In general terms, these are: a) the existence of a superior-subordinate relationship; b) superior’s knowledge with regard to the war crimes committed by his/ her subordinates (mental element) and, c) that the superior does not fulfill his/her duties to prevent and punish the war crimes committed by his/her subordinates. The analysis of the International Criminal Court Statute and conventional norms of the International humanitarian law as well the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda are the main sources in order to study this important International law’s institution. |
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