Details
As shown by the recent trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes.
This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development the concepts of joint criminal enterprise (also known as the common purpose doctrine) and control of the crime, which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes.
The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal.
Hector Olasolo is Professor of International Criminal Law and Procedure at Utrecht University and Chairman of the Iberoamerican Institute of the Hague for Peace, Human Rights and International Justice (IIH). LLM (Columbia University), PhD in Law (Salamanca University). Former Legal Officer in Chambers at the International Criminal Court (2004-2009). Former member of the Legal Advisory and Appeal Sections of the Office of the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia (2002-2004). Former member of the Spanish Delegation to the International Criminal Court Preparatory Commission (1999-2002). The author has written the books entitled 'Corte Penal Internacional: ¿Dónde Investigar?' (Tirant lo Blanch, 2003), 'The Triggering Procedure of the International Criminal Court' (Brill Publishers, 2005), 'Ataques contra Personas y Bienes Civiles y Ataques Desproporcionados' (Tirant lo Blanch, 2006), 'Unlawful Attacks in Combat Situations' (Brill Publishers, 2007), 'Terrorismo Internacional y Conflicto Armado' (Tirant lo Blanch, 2008) and 'Ensayos sobre la Corte Penal Internacional' (Universidad Javeriana de Bogotá/Dyke, 2009). The views expressed herein are those of the author alone and do not necessarily reflect the views of the ICC, the ICTY, the United Nations or the Spanish Government.
Hector Olasolo's book is indispensible to anyone interested in bringing top leaders, political or military, to account for their complicity in crimes.
A.G. Noorani
Frontline
September 2009
The book offers a clear, comprehensive and structured overview concerning the criminal responsibility of senior political and military leaders and gives a sound answer to the core questions linked to the attribution or imputation of crimes.
The value of this book, based on a profound knowledge of international criminal law and different national criminal systems, is the combination of theoretical considerations and a great number of concrete examples that can support scholars and practitioners in deepening their understanding of the issue. Probably, it will be a milestone in the study of the criminal responsibility of senior political and military leaders in the performance of international crimes.
Cinzia Fuggetti
Military Law and the Law of War Review
Volume 48 (2009)
Olásolo in his meticulously researched book provides an expansive overview of the prosecution of senior military and political leaders.
...where possible the author attempts to provide practical examples to facilitate the reader's understanding of this complex area of the law.
The author provides what appears to be a complete overview of the topic by critiquing the traditional concepts used to hold senior military and political leaders criminally liable in international criminal law...the book however, is not simply a summary of international criminal law, the author strongly supports his positions which differ from other distinguished writers and findings from the jurisprudence he canvases.
Overall this book is insightful, well researched and highly detailed...Practitioners will find this useful because not only does it canvass and summarize the development of criminal liability of senior officials, but the author also provides a critical analysis of the jurisprudence as well as suggestions for the future of international law.
...a valuable source of information for anyone studying or with a background in international criminal law.
Ashley Lone
Saskatchewan Law Review
Volume 73, 2010
This detailed and authoritative examination of the complex and controversial subject of legal liability for collective criminal behaviour in international criminal law is a timely and significant addition to the current scholarly debate.
Amrita Mukherjee
The Howard Law Journal
Volume 49, Number 4, September 2010
