This chapter offers a historical analysis of the doctrine of superior responsibility, tracing its conceptual origins and practical applications from antiquity to its modern form under international criminal law. It examines how military, cultural, and religious traditions—particularly within ancient Asian and Islamic contexts—shaped early notions of command accountability. The chapter critically evaluates the transition of superior responsibility from a state-based disciplinary mechanism to a sui generis mode of liability in international criminal adjudication. Emphasis is placed on how misinterpretations of the doctrine by international judges—often a result of a lack of historical grounding—have led to inconsistent applications in case law. Through a descriptive and hierarchical approach, this chapter highlights the doctrinal evolution across three key historical phases: ancient civilizational customs, Medieval European developments, and modern international law. This analysis in turn aims at providing a foundational understanding necessary for the normative, philosophical, and prosecutorial proposals developed in subsequent chapters.

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From Antiquity to Status Quo: The Genesis of Superior Responsibility

  • Humoud Y. Al-Fadhli

摘要

This chapter offers a historical analysis of the doctrine of superior responsibility, tracing its conceptual origins and practical applications from antiquity to its modern form under international criminal law. It examines how military, cultural, and religious traditions—particularly within ancient Asian and Islamic contexts—shaped early notions of command accountability. The chapter critically evaluates the transition of superior responsibility from a state-based disciplinary mechanism to a sui generis mode of liability in international criminal adjudication. Emphasis is placed on how misinterpretations of the doctrine by international judges—often a result of a lack of historical grounding—have led to inconsistent applications in case law. Through a descriptive and hierarchical approach, this chapter highlights the doctrinal evolution across three key historical phases: ancient civilizational customs, Medieval European developments, and modern international law. This analysis in turn aims at providing a foundational understanding necessary for the normative, philosophical, and prosecutorial proposals developed in subsequent chapters.