Prosecuting superior responsibility in international criminal law from Tokyo and Nuremberg to the Hague and beyond Humoud Y. Al-Fadhli

Format:

Book

Author/Creator:

Al-Fadhli, Humoud Y., author.

Language:

English

Subjects (All):

Command responsibility (International law).

International criminal law.

Criminal liability (International law).

Physical Description:

1 online resource

Place of Publication:

The Hague, The Netherland Asser Press Berlin, Germany Springer [2026]

Summary:

"This book offers a critical and original examination of how the doctrine of superior responsibility has been interpreted and applied in international criminal law. It challenges prevailing scholarly approaches by shifting the focus from legal characterization to the doctrine’s conceptual components — an often overlooked but more pressing arena. At the same time, by tracing the doctrine’s evolution from ancient military theory through religious and medieval legal traditions to its current position in international criminal law, the book interrogates the underlying tension between its nature as a form of vicarious liability and the principle of personal culpability central to criminal law theory — an approach the book critically examines, and perhaps ultimately rejects. Rather than merely summarizing case law, the book explores how and why international tribunals — particularly the International Criminal Court in the landmark Bemba case — have applied the doctrine inconsistently. It engages with jurisprudence from ad hoc and hybrid tribunals to expose doctrinal ambiguities and recurring misapplications that undermine legal coherence and accountability. An additional contribution of this work is the development of a syllogistic test for assessing superior responsibility in contexts involving human rights violations and treaty-based offenses. Balancing doctrinal critique with a normative analysis, the book offers a deeper theoretical and practical lens on one of international criminal law’s most debated areas. Intended for legal scholars, practitioners and graduate students, this book is a valuable resource for anyone seeking a more principled and analytically rigorous understanding of superior responsibility in both historical and contemporary contexts"-- Springer Nature Link

Contents:

Charting the course of the book : themes and components

From antiquity to status quo : the genesis of superior responsibility

The rudiments of the superior responsibility doctrine

The uncertain application of superior responsibility at the International Criminal Court

Epilogue : superior responsibility plot twist and concluding remarks : the proof is in the pudding

Notes:

Includes bibliographical references and index

Online resource; title from PDF title page (Springer Nature Link, viewed February 4, 2026)

Other Format:

Print version Al-Fadhli, Humoud Y. Prosecuting superior responsibility in international criminal law

ISBN:

9789462657359

9462657351

OCLC:

1570613898

Access Restriction:

Restricted for use by site license