John C. Dehn In my humble opinion, the failure to punish aspect of command responsibility is an artifact of the natural
law concepts underlying both the
law of nations and one of its most significant branches, the
law of war. Allow me to quickly explain. At its origins, the
law of nations was based in natural
law. Thus, violations were deemed intrinsically wrongful and punishable by "collective" remedies of reprisal or even war. As the
law of nations developed, it allowed the substitution of individual for collective remedies. States could...