© Koninklijke Brill NV, Leiden, 2007 DOI: 10.1163/156753607X204293 International Criminal Law Review 7 (2007) 505–529 International Criminal Law Review www.brill.nl/icla The Transposition of Superior Responsibility onto Guerrilla Warfare under the Laws of the International Criminal Tribunals Geert-Jan Alexander Knoops* Abstract. This article deals with the question whether and how to assess superior respon- sibility within irregular (guerrilla) warfare; based on the principles developed by the inter- national criminal tribunals on the area of superior responsibility for regular forces. In particular the article examines whether those criteria are useful to apply to guerrilla war- fare. Speciﬁc problems, typical for guerrilla warfare, are analyzed such as the organizational level, the exercise of effective command and control, the assessment of the mens rea crite- rion within a complex situation of guerrilla warfare. Additionally, the material ability to prevent or punish crimes within guerrilla forces seems a point of concern in view of the absence of proper disciplinary systems within this type of warfare. Recent case law of the ICTY is taken into account in order to arrive at an answer to the main research question. Keywords. armed conﬂicts and superior responsibility; collapse of law and order; (effective) command and control; guerrilla
International Criminal Law Review – Brill
Published: Jan 1, 2007
Keywords: ARMED CONFLICTS AND SUPERIOR RESPONSIBILITY; (EFFECTIVE) COMMAND AND CONTROL; COLLAPSE OF LAW AND ORDER; IRREGULAR FORCES; GUERRILLA WARFARE; SUPERIOR RESPONSIBILITY
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