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Books on the topic 'Criminal responsibility; desertion; military'

Author: Grafiati
Published: 5 June 2025
Last updated: 2 August 2025

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1

Olásolo, Héctor. The criminal responsibility of senior political and military leaders as principals to international crimes. Hart, 2009.

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2

Leandro, Francisco José. Responsabilidade criminal dos chefes militares: E dos outros superiores hierárquicos : um crime de segunda oportunidade. Universidade Católica Editora, 2012.

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3

Baccouche, Neji. Répression pénale et disciplinaire dans la fonction publique. Centre de recherches et d'études administratives, Ecole nationale d'administration, 1990.

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4

Sokolov, M. S. I︠U︡ridicheskai︠a︡ otvetstvennostʹ organov voennogo upravlenii︠a︡ i voinskikh dolzhnostnykh lit︠s︡ za narushenie prav i svobod voennosluzhashchikh: Monografii︠a︡. Moskovskiĭ pogranichnyĭ in-t Federalʹnoĭ sluzhby bezopasnosti Rossiĭskoĭ Federat︠s︡ii, 2009.

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5

Sang-in, Chŏn, ред. Hanʼguk hyŏndaesa: Chinsil kwa haesŏk. Nanam Chʻulpʻan, 2005.

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6

Borch, Fred L. Criminal Group Responsibility. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198777168.003.0009.

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During the Japanese occupation, the widespread and almost daily commission of war crimes by members of the Tokkeitai and Kempeitai resulted in a unique post-World War II approach to the prosecution of war crimes: If a war crime was committed within the framework of the activities of a group of persons in such a way that the crime could be ascribed to the group as a whole, then the crime was considered to have been committed by the group, and criminal proceedings could be taken against and sentences passed on all members of the group. This was a unique approach to the prosecution of war crimes;
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7

Command Responsibility In International Criminal Law. T.M.C. Asser Press, 2010.

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8

Elies, van Sliedregt. Part 2 Attributing Criminal Responsibility, 8 Superior Responsibility. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:oso/9780199560363.003.0008.

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The concept of superior responsibility has been developed and critically discussed since the Second World War. It owes much of its recent development to the ad hoc tribunals that have relied on the concept to try military and non-military leaders for crimes committed by subordinates. The International Criminal Court (ICC) has drawn from this jurisprudence and developed it further, as evidenced by Article 28 of its Statute. Superior or command responsibility is the primary mechanism through which superiors can be held criminally responsible for failing to prevent or punish crimes committed by s
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9

Fulford, Adrian, Kai Ambos, Michael Bohlander, Héctor Olásolo, and Ekaterina Trendafilova. Criminal Responsibility of Senior Political and Military Leaders As Principals to International Crimes. Bloomsbury Publishing Plc, 2010.

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10

Fulford, Adrian, Kai Ambos, Héctor Olásolo, and Ekaterina Trendafilova. Criminal Responsibility of Senior Political and Military Leaders As Principals to International Crimes. Bloomsbury Publishing Plc, 2009.

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11

The law of command responsibility. Oxford University Press, 2009.

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12

Russell, Robinson. Khaki Crims And Desperadoes. Pan Macmillan, 2014.

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13

Elies, van Sliedregt. Part 2 Attributing Criminal Responsibility, 7 Crime‐Specific and Leadership Modalities. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:oso/9780199560363.003.0007.

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This chapter discusses crime-specific modes of liability and theories of liability that are referred to as ‘leadership modalities’. The former regard complicity in genocide and inchoate crimes of genocide. The latter concern liability theories that have been conceptualized or developed specifically to apply to political and military leadership. Leadership modalities, such as joint criminal enterprise at the leadership level and indirect (co-)perpetration, address the responsibility of intellectual perpetrators, those who are considered ‘most responsible’ for international crimes while being fa
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14

I︠U︡ridicheskai︠a︡ otvetstvennostʹ organov voennogo upravlenii︠a︡ i voinskikh dolzhnostnykh lit︠s︡ za narushenie prav i svobod voennosluzhashchikh: Monografii︠a︡. Moskovskiĭ pogranichnyĭ in-t Federalʹnoĭ sluzhby bezopasnosti Rossiĭskoĭ Federat︠s︡ii, 2009.

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15

Sexual exploitation and abuse by UN military contingents: Moving beyond the current "status quo" and responsibility under international law. Brill Nijhoff, 2014.

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16

Fidell, Eugene R. 8. Military lawyering. Oxford University Press, 2016. http://dx.doi.org/10.1093/actrade/9780199303496.003.0009.

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‘Military lawyering’ shows that increasingly, national military justice systems look much like civilian criminal trials with military or civilian lawyers acting as judges and other lawyers prosecuting and defending. In the United States, most military lawyering is done by lawyers who are commissioned officers, organized in many national systems into a Judge Advocate General’s Corps, department, or branch. In addition, civilian lawyers may play a role, either as military judges in some systems, or as defense counsel retained by the accused. The different judiciary roles are outlined along with
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17

William A, Schabas. Part 3 General Principles of Criminal Law: Principes Généraux Du Droit Pénal, Art.28 Responsibility of commanders and other superiors/Responsabilité des chefs militaires et autres supérieurs hiérarchiques. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0033.

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This chapter comments on Article 28 of the Rome Statute of the International Criminal Court. Article 28 consists of two paragraphs; the first addressing superior responsibility in a military context, the second dealing with the issue with respect to civilians. Unlike the superior responsibility liability that attaches to military commanders, which was well accepted, application of the concept to civilians proved to be very controversial. Some Trial Chambers at the ad hoc tribunals have referred to article 28 as a basis for the view that the ‘distinction between military commanders and other su
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18

Michael A, Newton. Part IV The ICC and its Applicable Law, 29 Charging War Crimes: Policy and Prognosis from a Military Perspective. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0029.

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The Rome Statute was designed to largely align criminal norms with actual state practice based on the realities of warfare. Article 8 embodied notable new refinements (e.g. in relation to disproportionate attack under Article 8(2)(b)(iv)), but did so against a backdrop of pragmatic military practice. This chapter dissects the structure of war crimes under Rome Statute to demonstrate this deliberate intention of Article 8 and then describes the correlative considerations related to charging practices for the maturing institution, including command responsibility. When properly understood and ap
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19

Fidell, Eugene R. 4. The substantive reach of court-martial jurisdiction. Oxford University Press, 2016. http://dx.doi.org/10.1093/actrade/9780199303496.003.0005.

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If a court-martial has jurisdiction over an accused, to what offenses does that jurisdiction extend? Military justice codes take a variety of approaches to defining what conduct will be prosecuted in courts-martial. Typically, they set forth and give the required elements of a number of offenses. Some offenses—disobedience and disrespect, desertion, dereliction of duty, AWOL, missing movement, mutiny, oppressing a subordinate, or hazarding a vessel—have no counterpart in civilian criminal law. ‘The substantive reach of court-martial jurisdiction’ outlines two key issues: whether human rights v
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20

Pattison, James. The Alternatives to War. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755203.001.0001.

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If states are not to go to war, what should they do instead? In The Alternatives to War: From Sanctions to Non-violence, James Pattison considers the case for the alternatives to military action to address mass atrocities and aggression. He covers the normative issues raised by measures ranging from comprehensive economic sanctions, diplomacy, and positive incentives, to criminal prosecutions, non-violent resistance, accepting refugees, and arming rebels. For instance, given the indiscriminateness of many sanctions regimes, are sanctions any better than war? Should states avoid ‘megaphone dipl
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21

Johansen, Bruce, and Adebowale Akande, eds. Nationalism: Past as Prologue. Nova Science Publishers, Inc., 2021. http://dx.doi.org/10.52305/aief3847.

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Nationalism: Past as Prologue began as a single volume being compiled by Ad Akande, a scholar from South Africa, who proposed it to me as co-author about two years ago. The original idea was to examine how the damaging roots of nationalism have been corroding political systems around the world, and creating dangerous obstacles for necessary international cooperation. Since I (Bruce E. Johansen) has written profusely about climate change (global warming, a.k.a. infrared forcing), I suggested a concerted effort in that direction. This is a worldwide existential threat that affects every living t
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