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5 - Command responsibility: victors' justice or just desserts?

Published online by Cambridge University Press:  17 July 2009

Colonel C. H. B. Garraway
Affiliation:
Senior Research Fellow British Institute of International and Comparative Law
Richard Burchill
Affiliation:
University of Hull
Nigel D. White
Affiliation:
University of Nottingham
Justin Morris
Affiliation:
University of Hull
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Summary

I first met Hilaire McCoubrey when I was a young Army officer just starting to show an interest in the law of armed conflict. His enthusiasm for the subject and his support, both to me and to many of my colleagues, encouraged me to delve deeper and has been a major factor both in my own career and in the increased knowledge of the subject throughout Army Legal Services. It is due to him that all junior officers now attend a one-week academic course to ensure that their foundation knowledge can support their operational work. His influence lives on!

The trials and tribulations of command

The philosophy that lies behind the modern day doctrine of command responsibility stretches back into the mists of time. Command by its very nature brings responsibility. It comes with the territory or in the famous words to be found on the desk of President Truman, ‘The buck stops here.’ Throughout history, commanders have taken responsibility for the success or failures of their subordinates, whether it was the Roman General parading down the Via Triumphalis into the Imperial Capital or Admiral Byng being shot on the quarterdeck of his own ship ‘pour encourager les autres’. The philosophy is not unique to the military. Traditionally, those in positions of responsibility have been held accountable for the successes or failings of their subordinates. Football managers are only too well aware of how their future rests on the ability of those whom they manage.

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Chapter
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International Conflict and Security Law
Essays in Memory of Hilaire McCoubrey
, pp. 68 - 83
Publisher: Cambridge University Press
Print publication year: 2005

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