What is it about?
The ICC, Bemba Appeal Judgment raised to critical issues under the law on command responsibility. It is unclear if and how the commander's motivations for taking actions agains the subordinates' crimes are relevant. Also, the Chamber dangerously opens the way for a differentiated liability standard between remote and non-remote commanders. This Article puts forward two distinct solutions to these issues based on International Humanitarian Law and fundamental principles of Criminal Law.
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Why is it important?
The risk of sending a confused message to military commanders looms large. The holding of the Appeals Chamber on the issue of the geographical remoteness also risks to undermine the concrete applicability of the doctrine of command responsibility in light of the practice of modern warfare.
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This page is a summary of: A Commander’s Motivations and Geographical Remoteness under Command Responsibility: An Analysis of Controversial Issues of the Bemba Appeal Judgment, International Criminal Law Review, June 2021, Brill,
DOI: 10.1163/15718123-bja10072.
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