The Transposition of Superior Responsibility onto Guerrilla Warfare under the Laws of the International Criminal Tribunals

The Transposition of Superior Responsibility onto Guerrilla Warfare under the Laws of the... © 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

The Transposition of Superior Responsibility onto Guerrilla Warfare under the Laws of the International Criminal Tribunals

Loading next page...
 
/lp/brill/the-transposition-of-superior-responsibility-onto-guerrilla-warfare-xqstJolhwQ
Publisher
Martinus Nijhoff
Copyright
© 2007 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
D.O.I.
10.1163/156753607X204293
Publisher site
See Article on Publisher Site

Abstract

© 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

Journal

International Criminal Law ReviewBrill

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

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 12 million articles from more than
10,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Unlimited reading

Read as many articles as you need. Full articles with original layout, charts and figures. Read online, from anywhere.

Stay up to date

Keep up with your field with Personalized Recommendations and Follow Journals to get automatic updates.

Organize your research

It’s easy to organize your research with our built-in tools.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

DeepDyve Freelancer

DeepDyve Pro

Price
FREE
$49/month

$360/year
Save searches from
Google Scholar,
PubMed
Create lists to
organize your research
Export lists, citations
Read DeepDyve articles
Abstract access only
Unlimited access to over
18 million full-text articles
Print
20 pages/month
PDF Discount
20% off