Command Responsibility

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INTERNATIONAL CRIMINAL LAW GUIDELINES: COMMAND RESPONSIBILITY 5 5. Superior – Subordinate Status The perpetrator was a military commander or a person effectively acting as a military commander 5.1. 5.2. The perpetrator was a military commander; OR The perpetrator was effectively acting as a military commander of the forces that committed the crime Publicists 54 CASE MATRIX NETWORK
5. Superior – Subordinate Status The perpetrator was a military commander or a person effectively acting as a military commander. 5.1. The perpetrator was a military commander; OR Keywords/Summary Superior – Subordinate Relationship – Formal Position of Authority – Official Appointment International Case Law In Mucić et al. (“Čelebići”), the ICTY Trial Chamber stated that: “The doctrine of command responsibility is clearly articulated and anchored on the relationship between superior and subordinate, and the responsibility of the commander for actions of members of his troops.” 167 The Trial Chamber in the Kunarac et al. Judgement stated: “Depending on the circumstances, a commander with superior responsibility under Article 7(3) may be a colonel commanding a brigade, a corporal commanding a platoon or even a rankless individual commanding a small group of men.” 168 In Kordić and Čerkez, the Trial Chamber stated: “A formal position of authority may be determined by reference to official appointment or formal grant of authority. Military positions will usually be strictly defined and the existence of a clear chain of command, based on a strict hierarchy, easier to demonstrate. Generally, a chain of command will comprise different hierarchical levels starting with the definition of policies at the highest level and going down the chain of command for implementation in the battlefield. At the top of the chain, political leaders may define the policy objectives. These objectives will then be translated into specific military plans by the strategic command in conjunction with senior government officials. At the next level the plan would be passed on to senior military officers in charge of operational zones. The last level in the chain of command would be that of the tactical commanders which exercise direct command over the troops.” 169 55 167 ICTY, Mucic et al. (“Celebici”), TC, Judgement, Case No. IT-96-21-T, 16 November 1998, para. 647. 168 ICTY, Kunarac et al., TC, Judgement, Case No. IT-96-23-T & IT-96-23/1-T, 22 February 2001, para. 398. 169 ICTY, Kordic and Cerkez, TC, Judgement, Case No. IT-95-14/2-T, 26 February 2001, para. 419. CMN ICJ Toolkits Project
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Command Responsibility

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