CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Arts. 25 and 28 Modes of liability » Command responsibility
Command responsibility
- M.1. A crime within the jurisdiction of the Court was committed or was about to be committed by the forces
- M.2. The perpetrator was a military commander or a person effectively acting as a military commander
- M.3. The perpetrator had effective command and control, or effective authority and control over the forces that committed the crime
- M.4. The crimes committed by the forces resulted from the perpetrator’s failure to exercise control properly over forces
- M.5. The perpetrator failed to take the necessary and reasonable measures within his or her power to prevent or repress the commission of such crime(s) or failed to submit the matter to the competent authorities for investigation and prosecution
- M.6. The perpetrator either knew or owing to the circumstances at the time, should have known that the forces were committing or about to commit one or more of the crimes
- M.7. The perpetrator was aware that he or she was military commander and had effective command and control or authorityand control over the forces
- M.8. The perpetrator was aware that his or her failure to take necessary and reasonable measures would result in the commission of crime by the forces
- M.9. The perpetrator was aware that he or she failed to take the necessary and reasonable measures within his or her power to prevent or repress crime or submit the matter for investigation and prosecution
