Superior Responsibility in International Criminal Law – Svaček Ondřej (2017)

The book analyzes the traditional form of responsibility applicable in proceedings before international criminal courts and tribunals, according to which a commander/superior is held responsible for failure to prevent or repress crimes under international law committed by his/her subordinates. In chronological order, the book addresses the controversial origins of this doctrine and the relevant case law adopted until recently before the ad hoc tribunals, the International Criminal Court, and some hybrid tribunals (mostly the ECCC). The book focuses on both material and procedural aspects of the doctrine. The procedural aspects are analyzed in relation to the legal framework applicable before the ICC. The book elaborates on the closely watched Regulation 55, which permits a change in the legal characterization of facts to align with crimes within the subject-matter jurisdiction of the Court, or with the form of responsibility envisaged in the Statute. The book explores the consistency of this rule with statutory provisions concerning prosecutorial independence and the accused person's right to a fair trial and contributes to a better understanding of different forms of responsibility (Article 25 and Article...