Command ResponsibilityAs it has evolved, much of international criminal law is focused on holding individual defendants responsible for crimes which have mass victims or have caused widespread suffering, i.e. individual criminal responsibility. But what of guilt by association and collective guilt?

The need is obvious for bases of liability that will withstand jurisprudential scrutiny and which will be consistent with the hybrid common law/civil law nature of international courts and tribunals.

Any examination of Joint Criminal Enterprise and Command Responsibility should keep in mind the tensions that these different sources of law and procedure bring to international criminal law, and the way in which principles, such as the attribution of liability, have been arrived at only after much balancing by courts and tribunals of very often conceptually different approaches.

Our paper discusses the background and current basis for Joint Criminal Enterprise and Command Responsibility and its applicability to civilians as well as the military.

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