Legal framework for command responsibility

January 1, 2015

 

The prosecution must establish that:

 

1. An offence was committed,

 

2. The superior had effective command and control,

 

3. There was a superior-subordinate relationship,

 

4. The superior knew or, owing to the circumstances at the time, should have known that the subordinate were committing or were about to commit such crimes and,

 

5. The superior failed to take all necessary and reasonable measures to prevent or repress their commissions or to investigate and punish.

 

Elaboration

The table below is intended to be illustrative of the elements that constitute command/superior responsibility.

 

http://www.prosecutingsexualviolence.com/2013/04/command-responsibility-legal-framework.html

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