Description
Superior Omission in the Commission of the Crime of Torture
Book Summary
This work offers a specialized analysis of the criminal liability of superiors and authorities in command when they fail to prevent or punish acts of torture committed by their subordinates. Based on a final project for an Expert Degree in General Theory of Crime, the research examines Nicaraguan criminal legislation, integrating the doctrine of Ibero-American authors and the jurisprudence of the International Criminal Court. It is a practical tool for law students and professionals seeking to understand the mechanisms of imputation by omission in hierarchical command contexts.
What is it about?
The book addresses the legal figure of the omission of a hierarchical superior as a form of participation in the crime of torture. It focuses on how Nicaraguan criminal law regulates the liability of those who, having a duty to control, prevent, or repress these behaviors, fail to act. The author breaks down the doctrinal elements of various Ibero-American jurists and contrasts these positions with the jurisprudential criteria established by the International Criminal Court. The text not only describes the regulatory framework but also delves into the requirements for imputing criminal liability by omission, offering a systematic journey that connects the general theory of crime with a specific case of international criminality.
Main Topics
- Criminal liability for the omission of hierarchical superiors.
- Analysis of the crime of torture in Nicaraguan criminal legislation.
- Ibero-American doctrine on omission in the chain of command.
- Jurisprudence of the International Criminal Court applicable to superior responsibility.
- Relationship between the general theory of crime and international crimes.
Who is it recommended for?
It is aimed at law students taking courses on the theory of crime or international criminal law, as well as lawyers, prosecutors, judges, and academics specializing in criminal law and human rights. It is also of interest to professionals working in international organizations or in the defense of torture victims, as it offers a technical framework for understanding the responsibility of commanders.
What this book contributes
- A detailed analysis of superior omission as a form of authorship or participation in the crime of torture, from the perspective of Nicaraguan criminal law.
- The integration of Ibero-American doctrine and International Criminal Court jurisprudence, facilitating the comparison between legal systems.
- A practical reference tool for understanding the criteria for the imputation of criminal liability in hierarchical structures.
- A specialized approach that connects the general theory of crime with international judicial practice.
Technical Data Sheet
- Author: Sánchez Barahona, Silvia
- Publisher: PUNTO ROJO EDITORIAL
- Language: Spanish
- Subject: LAW, GENERAL THEORY OF LAW
- Collection: PUNTO ROJO
- Binding: Paperback
- Publication Date: March 2021
- Number of pages: 136
- Weight: 172 g
Editorial Assessment
This is a concise and technical work, ideal for those seeking a specialized study on a specific point of criminal law: superior omission in torture crimes. The author manages to synthesize doctrine and international jurisprudence into an accessible format for the legal reader, offering rigorous content without theoretical excesses. Its main value lies in the clarity with which it sets out a complex subject, proving especially useful as reference material for criminal law professionals and advanced students interested in command responsibility in international crimes.