The Law of Command Responsibility

`From its 'birth in sin' at the end of the Second World War, to its contemporary prominence in prosecutions at the ad hoc tribunals for the former Yugoslavia and Rwanda, the doctrine of command responsibility is one of both great complexity and much misunderstanding. With his usual mastery, Guenael Mettraux untangles the legal and policy issues, providing what is instantly the standard work on the topic.' William Schabas OC MRIA, Professor of Human Rights Law, National University of Ireland, Galway `In his latest book, Guenael Mettraux expertly examines the law of command responsibility from every possible angle, from its controversial World War II beginnings to its increasingly relevant application to modern-day terrorism cases. His rigorous analysis of each element of command responsibility, along with a distinct comparison to other modes of liability under international law, enables the reader to understand this highly complex legal doctrine on a practical level. By investigating various evidentiary problems and lessons learned from domestic law, Mettraux illustrates the potential influence that command responsibility may have on the future of international criminal jurisprudence. Indeed, Mettraux's book will prove invaluable to understanding the role that command responsibility will play in bringing criminals to justice.' Daqun Liu, Judge at the United Nations International Criminal Tribunal for the former Yugoslavia `There is no shortage of articles on various aspects of the doctrine known as 'command responsibility', but Dr Mettraux's work fills a significant void in synthesising the principle arguments of the leading publicists in the area and adding thereto his own unique perspective, gained not only from thorough academic study and research, but from practical experience derived from various cases before the ICTY. The work is lively, easy to read and commendably devoid of unnecessary 'legalese'. Cogent, exceptionally well researched and forward looking, it is set to become the leading work on command responsibility. It constitutes an indispensible resource to practioners, academics, judges and students alike.' Karim A. A. Khan, Barrister `Guenael Mettraux's The Law of Command Responsibility adds clarity to the complicated entanglement of statutes, custom, and court rulings that together make up the law on command responsibility and, as the first book devoted entirely to the goal of defining a general theory of command responsibility, is a welcomed contribution to the field...this book is a timely and necessary publication...I have simply found no significant point of substance, which deserves criticism in this work...Anyone seeking an in-depth analysis of the present, past and future states of the doctrine of command responsibility will find this work useful.' Chris Engels, International Criminal Law Review 9, 2009 `Mettraux not only asks the fundamental theoretical questions underlying the doctrine of command responsibility but also answers them in the most accomplished mannerThis book is without doubt among the most authoritative statements on the law of command responsibility, in which every argument is wholly justified with an impeccable and impressive research and where, moreover, the author has something unique to say, other than simply making sense from the vast array of contemporary jurisprudence that is available; sometimes by bravely, but in a very scholarly manner, defying this very jurisprudence.' Ilias Bantekas, Journal of International Criminal Justice 7, 2009 `Mettraux certainly demonstrates impeccable knowledge of the relevant jurisprudence, especially of the two ad hoc Tribunals, the ICTY and the ICTR...it is an important study' Daniel Heilmann, Senior Research Fellow at the Max Planck Institute for Comparative Public and International Law, Heidelberg, EJIL 21 `...this book has done well at what the author set out to do. Mettraux states in the preface of this work that his goal will be achieved if The Law of Command Responsibility contributes to a better understanding of the doctrine of command responsibility. He has without doubt accomplished this goal. Mettraux has also successfully bridged two periods in the development and application of the law on commanad responsibility: the unclear, inconsistent past and the hoped-for, stable future... Anyone seeking an in-depth analysis of the present, past and future states of the doctrine of command responsibility will find this work useful.' Chris Engels - former Director of the Criminal Defence Section for the War Crimes Chamber of the Court of Bosnian and Herzegovina.