Library Catalogue
Command responsibility the defence of superior orders under international criminal law
Rohan Chaudhary
Command responsibility the defence of superior orders under international criminal law - BangaloreBangalore NLSIU 2014 - 92 p. ; 25 cm.
TABLE OF CONTENT RESEARCH METHODOLOGY ; CHAPTER 1- INTRODUCTION ; CHAPTER 11- NATURE AND HISTORICAL BACKGROUND OF COMMAND RESPONSIBILITY ; 1. NATURE OF COMMAND RESPONSIBILITY ; 2. COMMAND RESPONSIBILITY PRIOR TO WORLD WAR I ; 3. COMMAND RESPONSIBILITY AFTER FIRST WORLD WAR 1; 4. STATUTORY DEVLOPMENT OF COMMAND RESPONSIBILITY: A) UN War Crimes Commission: B) ICTY: C) ICTR: D) International Criminal Court (ICC): CHAPTER 111- ANALYSIS OF THE CONCEPT OF COMMAND RESPONSIBILITY ; 1. RATIONALE OF COMMAND RESPONSIBILITY; 2. CONDITIONS OF COMMAND RESPONSIBILITY ; A) SUPERIOR SUB.ORDINA TE RELA TIONSHIP ; B) SUBSEQUENT FAILURE TO PREVENT AND PUNISH CRIMES: 3. SUPERIOR'S DIRECT RESPONSIBILITY FOR ISSUING ILLEGAL ORDERS ; 4. MENS REA REQUIREMENT OF COMMAND RESPONSIBILITY ; 5. DE JURE AND DE FACTO COMMAND: 6. MISTAKE OF FACT AND MISTAKE OF LAW OF SUPERIOR RESPONSIBILITY ; 7. FAILURE TO ACT OR OMMISSIONS: CHPTER IV- ANALYSIS OF THE CONCEPT OF DEFENCE OF SUPERIOR ORDERS ; 1. CONCEPT OF DEFENCE OF SUPERIOR ORDERS ; 2. CODIFICATION OF LEGAL FRAMEWORK FOR COMMAND RESPONSIBILITY AND THE DEFENCE OF SUPERIOR ORDER ; 3. DEFENCE OF SUPERIOR ORDER IN NUMERMBURG TRIAL; 4. DEFENSE OF SUPERIOR ORDER IN TOKYO TRIAL ; 5. MENS REA REQUIREMENMT OF SUPERIOR ORDERS ; A) MISTAKE OF FACT AND LAW ; B) DURESS AND SUPERIOR ORDERS ; C) NECESSISITY AND SUPERIORS ORDERS; 6. CASES WITH REFERENCE TO SUPERIOR ORDERS ; A) EICHMANN CASE ; B) CALLEY CASE ; CHAPTER V- COMMAND RESPONSIBILITY AND THE DEFENCE OF SUPERIOR ORDERS: INTER-RELATION ; 1. ARE THEY INTERRELATED AND INTERDEPENDENT CONCEPT? ; 2. CONCURRENT APPLICATION OF DIRECT RESPONSIBILITY AND INDIRECT RESPONSIBILITY ; 3. THEORITICAL APPROACHES TO THE SUPERIOR ORDERS ; 4. SCOPE OF COMMAND RESPONSIBILITY UNDER NATIONAL AND INTERNATIONAL LAWS ; A. IF A COMMANDER ISSUES A LEGITIMATE ORDER AND THE SUBORDINATES MISUNDERSTOOD AND COMMITTED A CRIME? ; B. IF A SUPERIOR ISSUES AN ILLEGAL ORDER AFTER HE WAS TOLD TO DO SO BY HIS SUPERIOR? ; C. A SUPERIOR ISSUED AN ILLEGAL ORDER AND THE SUBORDINATE EXECUTED IT PURSUANT TO THE ORDER? ; D. UNEXECUTED ILLEGAL ORDERS? ; 5. WHETHER THE MODERN WARFARE TECHNOLOGY AAFFECTS THE CONCEPT OF COMMAND RESPONSIBILITY IN ANY WAY? ; CHAPTER VI- COMMAND RESPONSIBILITY AND THE DEFENSE OF SUPERIOR ORDERS: A JUDICIAL APPROACH ; 1. THE HIGH COMMAND CASE ; 2. THE HOSTAGE CASE ; 3. THE TOKYO TRIAL ; 4. YAMASHITA CASE: 5. THE ABBAYAARDENNE CASE ; 6. THE TOYODA CASE ; CHAPTER VII- CONCLUSION; BIBLIOGRAPHY.
Command responsibility the defence of superior orders under international criminal law - BangaloreBangalore NLSIU 2014 - 92 p. ; 25 cm.
TABLE OF CONTENT RESEARCH METHODOLOGY ; CHAPTER 1- INTRODUCTION ; CHAPTER 11- NATURE AND HISTORICAL BACKGROUND OF COMMAND RESPONSIBILITY ; 1. NATURE OF COMMAND RESPONSIBILITY ; 2. COMMAND RESPONSIBILITY PRIOR TO WORLD WAR I ; 3. COMMAND RESPONSIBILITY AFTER FIRST WORLD WAR 1; 4. STATUTORY DEVLOPMENT OF COMMAND RESPONSIBILITY: A) UN War Crimes Commission: B) ICTY: C) ICTR: D) International Criminal Court (ICC): CHAPTER 111- ANALYSIS OF THE CONCEPT OF COMMAND RESPONSIBILITY ; 1. RATIONALE OF COMMAND RESPONSIBILITY; 2. CONDITIONS OF COMMAND RESPONSIBILITY ; A) SUPERIOR SUB.ORDINA TE RELA TIONSHIP ; B) SUBSEQUENT FAILURE TO PREVENT AND PUNISH CRIMES: 3. SUPERIOR'S DIRECT RESPONSIBILITY FOR ISSUING ILLEGAL ORDERS ; 4. MENS REA REQUIREMENT OF COMMAND RESPONSIBILITY ; 5. DE JURE AND DE FACTO COMMAND: 6. MISTAKE OF FACT AND MISTAKE OF LAW OF SUPERIOR RESPONSIBILITY ; 7. FAILURE TO ACT OR OMMISSIONS: CHPTER IV- ANALYSIS OF THE CONCEPT OF DEFENCE OF SUPERIOR ORDERS ; 1. CONCEPT OF DEFENCE OF SUPERIOR ORDERS ; 2. CODIFICATION OF LEGAL FRAMEWORK FOR COMMAND RESPONSIBILITY AND THE DEFENCE OF SUPERIOR ORDER ; 3. DEFENCE OF SUPERIOR ORDER IN NUMERMBURG TRIAL; 4. DEFENSE OF SUPERIOR ORDER IN TOKYO TRIAL ; 5. MENS REA REQUIREMENMT OF SUPERIOR ORDERS ; A) MISTAKE OF FACT AND LAW ; B) DURESS AND SUPERIOR ORDERS ; C) NECESSISITY AND SUPERIORS ORDERS; 6. CASES WITH REFERENCE TO SUPERIOR ORDERS ; A) EICHMANN CASE ; B) CALLEY CASE ; CHAPTER V- COMMAND RESPONSIBILITY AND THE DEFENCE OF SUPERIOR ORDERS: INTER-RELATION ; 1. ARE THEY INTERRELATED AND INTERDEPENDENT CONCEPT? ; 2. CONCURRENT APPLICATION OF DIRECT RESPONSIBILITY AND INDIRECT RESPONSIBILITY ; 3. THEORITICAL APPROACHES TO THE SUPERIOR ORDERS ; 4. SCOPE OF COMMAND RESPONSIBILITY UNDER NATIONAL AND INTERNATIONAL LAWS ; A. IF A COMMANDER ISSUES A LEGITIMATE ORDER AND THE SUBORDINATES MISUNDERSTOOD AND COMMITTED A CRIME? ; B. IF A SUPERIOR ISSUES AN ILLEGAL ORDER AFTER HE WAS TOLD TO DO SO BY HIS SUPERIOR? ; C. A SUPERIOR ISSUED AN ILLEGAL ORDER AND THE SUBORDINATE EXECUTED IT PURSUANT TO THE ORDER? ; D. UNEXECUTED ILLEGAL ORDERS? ; 5. WHETHER THE MODERN WARFARE TECHNOLOGY AAFFECTS THE CONCEPT OF COMMAND RESPONSIBILITY IN ANY WAY? ; CHAPTER VI- COMMAND RESPONSIBILITY AND THE DEFENSE OF SUPERIOR ORDERS: A JUDICIAL APPROACH ; 1. THE HIGH COMMAND CASE ; 2. THE HOSTAGE CASE ; 3. THE TOKYO TRIAL ; 4. YAMASHITA CASE: 5. THE ABBAYAARDENNE CASE ; 6. THE TOYODA CASE ; CHAPTER VII- CONCLUSION; BIBLIOGRAPHY.