• The only comprehensive account of the doctrine of command responsibility which makes it of unique value to scholars
• The focus on existing law makes it equally valuable to practitioners
• The doctrine of command responsibility applies to any military or civilian commander, as well as to terrorists and to military contractors, so it could be used extensively in relation to the Iraq War and the "War on Terror"

Readership: Academic and practising lawyers interested in international criminal law, prosecution of war crimes, and domestic criminal law; historians of the Second World War, political philosophers interested in the theory of international criminal justice

Guénaël Mettraux, Defence Counsel, International Criminal Tribunal for the Former Yugoslavia (ICTY), Formerly a legal assistant in the Chambers of the ICTY

"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, Guénaël 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, Guénaël 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

PART I INTRODUCTION
1: The Evolution of the Law of Command Responsibility and the Principle of Legality
2: The Resurgence of International Criminal Justice and the Rebirth of Command Responsibility
3: Command Responsibility under Customary International Law and the Statute of the International Criminal Court
PART II NATURE AND SCOPE OF APPLICATION OF THE DOCTRINE OF COMMAND RESPONSIBILITY
4: Command Responsibility as a Sui Generis form of Liability for Omission
5: Scope of Application of the Doctrine of Command Responsibility-International and Internal Conflicts as well as Peacetime?
6: Military Commanders, Civilian leaders, and Other Superiors, wthether De Jure or De Facto
PART III ELEMENTS OF COMMAND RESPONSIBILITY AND UNDERLYING OFFENCES
7: General Remarks
8: Underlying Offences
9: A Superior-Subordinate Relationship between the Accused and Those Who Committed the Underlying Offences
10: A Culpable State of Mind
11: Breach of a Duty and Consequential Failure to Prevent or to Punish Crimes of Subordinates
PART IV CONCLUSION
12: Concluding Remarks: A Workable Standard of Liability for Superiors
Annex: Relevant Provisions
Bibliography
Index

www.nytimes.com Read an article by Guénaël Mettraux in the New York Times, 'A Nuremberg for Guantánamo'