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, or executive accountability, assumes that leaders are responsible for the actions of their subordinates. If subordinates misbehave, violate basic moral laws, transgress international law, or thwart international standards of behavior, their leader may be called before to justice. Standards that set the boundaries of human action have been evolving for many millennia, with some degree of precision arriving after the post-World War II international war crimes prosecutions. The United Nations and other organizations have helped codify the international law under which commanders may be held responsible. This book explores the factor that have moved civilization closer to a standard approach to rule of law and the accountability of leaders for the actions of those they command.

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.

In 1950, when he commissioned the first edition of The Armed Forces Officer, Secretary of Defense George C. Marshall told its author, S.L.A. Marshall, that "American military officers, of whatever service, should share common ground ethically and morally." In this new edition, the authors methodically explore that common ground, reflecting on the basics of the Profession of Arms, and the officer's special place and distinctive obligations within that profession and especially to the Constitution.

The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.

Command is the ultimate service. It is a time when we have the singular responsibility to create and lead strong Air Force units. A time when our passion for our Air Force and our vision for its future must be overwhelmingly clear. Early in the "Developing Aerospace Leaders" initiative, we began to focus on the way in which the institution teaches leadership and prepares airmen for command. What we found was a wide range of practices and a wide range of expectations - a complicating factor in today's Expeditionary Aerospace Force. We realize that preparing our officers to command effective, mission-oriented units must be a deliberate process. It must develop our unique airman perspective, creating commanders who are able to communicate the vision, have credibility in the mission area, and can lead our people with inspiration and heart. The foundation of our institution's effectiveness has always been its leaders. Colonel Goldfein's work provides valuable lessons learned and serves as a worthwhile tool to optimize your effectiveness as a squadron commander. This book is a must-read, not only for those selected to command a squadron but for all our young officers, helping them understand what the requirements of squadron command will be. Remember, command is a unique privilege - a demanding and crucial position in our Air Force. "Sharing Success - Owning Failure" takes you a step closer to successfully meeting that challenge.

In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.

For the US Army to succeed in the 21st Century, Soldiers of all ranks must understand and use Mission Command. Mission Command empowers leaders at all levels, allowing them to synchronize all warfighting functions and information systems to seize, retain, and exploit the initiative against a range of adversaries. This collection of historical vignettes seeks to sharpen our understanding of Mission Command philosophy and practice by providing examples from the past in which Mission Command principles played a decisive role. Some vignettes show junior officers following their commander's intent and exercising disciplined initiative in very chaotic combat operations. Others recount how field grade officers built cohesive teams that relied on mutual trust to achieve key operational objectives. Each historical account is complemented by an annotated explanation of how the six Mission Command principles shaped the action. For this reason, the collection is ideal for leader development in the Army school system as well as for unit and individual professional development. Mission Command places great responsibility on our Soldiers.

In the pantheon of air power spokesmen, Giulio Douhet holds center stage. His writings, more often cited than perhaps actually read, appear as excerpts and aphorisms in the writings of numerous other air power spokesmen, advocates-and critics. Though a highly controversial figure, the very controversy that surrounds him offers to us a testimonial of the value and depth of his work, and the need for airmen today to become familiar with his thought. The progressive development of air power to the point where, today, it is more correct to refer to aerospace power has not outdated the notions of Douhet in the slightest In fact, in many ways, the kinds of technological capabilities that we enjoy as a global air power provider attest to the breadth of his vision. Douhet, together with Hugh “Boom” Trenchard of Great Britain and William “Billy” Mitchell of the United States, is justly recognized as one of the three great spokesmen of the early air power era. This reprint is offered in the spirit of continuing the dialogue that Douhet himself so perceptively began with the first edition of this book, published in 1921. Readers may well find much that they disagree with in this book, but also much that is of enduring value. The vital necessity of Douhet’s central vision-that command of the air is all important in modern warfare-has been proven throughout the history of wars in this century, from the fighting over the Somme to the air war over Kuwait and Iraq.

Article 28 of the Rome Statute explicitly provides that the command responsibility doctrine may be applied to both 'commanders and other superiors', and sets out separate criteria for the two categories of superiors. The question arises how the doctrine should be applied by the ICC and by other international courts and tribunals. Up until now, the doctrine has been applied to both military and civilian superiors without a distinctive provision. Maria L. Nybondas examines the applicability of the command responsibility doctrine to civilian superiors, taking as a point of departure the origin of the doctrine and the unique position of the commander. An analysis of cases against civilian leaders identifies the challenges that prosecutors and judges face in these cases. The book provides an assessment of the hurdles in the application of the doctrine, and offers a solution which is based on respect for the purpose of the doctrine.