Command responsibility, sometimes referred to as the
Yamashita standard or the
Medina standard, is the doctrine of hierarchical accountability in cases of
war crimes. by Anne E. Mahle,
PBS by Robin Rowland,
CBC News Online, May 6, 2004
The doctrine of “command responsibility” was established by the
Hague Conventions IV and X and applied for the first time by the German Supreme Court in
Leipzig after
World War I, in the 1921 trial of
Emil Muller. by Iavor Rangelov and Jovan Nicic,
Humanitarian Law Center, February 23, 2004 by Ilias Bantekas
American Journal of International Law, No 3 July 1999 by Kai Ambos, Professor of Criminal Law, Criminal Procedure, Comparative Law and International Criminal Law at the
University of Göttingen; Judge at the State Court (Landgericht)
Göttingen,
Journal of International Criminal Justice, originally published online on January 25, 2007
The "Yamashita standard" is based upon the precedent set by the
United States Supreme Court in the case of Japanese General
Tomoyuki Yamashita. He was prosecuted in 1945, in a still controversial trial, for atrocities committed by troops under his...
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