Define: Command Responsibility

Command responsibility is a legal principle that holds military or civilian leaders accountable for crimes committed by their subordinates under their effective control or command.

Command responsibility can be attributed to serious international crimes such as war crimes, crimes against humanity, and genocide.

Command responsibility is established by proving that the accused had effective control or command over the individuals who committed the crimes, and that they knew or should have known about the crimes but failed to prevent or punish them.

Yes, command responsibility can be applied to both military and civilian leaders who have effective control or command over individuals who commit crimes.

Yes, command responsibility can be applied to individuals who were not physically present during the commission of the crimes if they had effective control or command over the individuals who committed the crimes.

The potential consequences of being found guilty of command responsibility can include criminal prosecution, imprisonment, fines, and other penalties determined by the relevant legal jurisdiction.

Command responsibility cannot be used as a defence to absolve an individual of their responsibility for crimes committed by their subordinates. However, it may be considered as a mitigating factor in determining the appropriate punishment.

Command responsibility is primarily applied to individuals who hold positions of authority within state entities. However, in certain cases, it may also be applied to non-state actors or rebel groups if they exercise effective control or command over individuals who commit crimes.

Even if a leader gave orders to prevent the commission of crimes, they can still be held responsible under command responsibility if they failed to take adequate measures to ensure compliance with those orders or if they knew or should have known that the orders were not being followed.

Command responsibility can be applied retroactively, meaning that individuals can be held accountable for crimes committed before the legal principle of command responsibility was established. However, the retroactive application of command responsibility may be subject to limitations imposed by national or international laws.