International Studies Journal (ISJ)

International Studies Journal (ISJ)

Superior Responsibilities Under International Criminal Law: Concurrence with Military Ethics

Document Type : Extension Article

Author
Professor of International Criminal Law, University of Utrecht, Attorney at law
Abstract
This article examines a particular and underdeveloped aspect of superior responsibility in international criminal cases, namely that of the ethical boundaries of the military decision of commanders vis-à-vis the application of the use of force and military operations. Apart from the legal determination of superior responsibility of military commanders, this ethical dimension can interfere with the former determination. How and to what level, is to be assessed in this article, thereby relying on jurisprudence from various courts.
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