Command Responsibility and Superior Orders in the Twentieth Century - A Century of Evolution
AbstractThis paper chronicles the history of the concept of what is described as the doctrine of command responsibility, as part of the law of armed conflict, particularly, during the last century. It follows the interweaving of the conduct of both military as well as non-military individuals and reviews how the conduct of each has been viewed or treated by different bodies. The development of the law is not based on strict liability, but rather reflects the clear understanding that every case is to be decided on its own particular set of facts. The concept of command responsibility is now based on the clear inference that those who occupy the position of superior, in a superior-subordinate relationship, are, or may be deemed to have; (a) the knowledge of the criminal actions of the subordinates, (b) the authority to deal with the criminal actions of the subordinates; and (c) the power to deal, by with punishment or prevention with the criminal acts of subordinates. |