Definition And Elements Of Superior Responsibility

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Definition and elements of superior responsibility 2. Superior responsibility is a form of liability at the international level that involves a positive duty to act to prevent omission of a crime . 3. Superior responsibility can be defined in following way: A superior, whether de jure or de facto, may be held criminally accountable under the doctrine of superior or command responsibility in connection to crimes committed by his subordinates where, at the time relevant to the charges, he was in a superior-subordinate relationship with the perpetrators, knew or, owing to the circumstances should have known that these crimes had been committed or were about to be committed and, with and despite the knowledge, wilfully and culpably failed to take all necessary and reasonable measures to prevent or punish these crimes . 4. The issue of responsibility of commanders and other superiors is defined in Article 28 of the Rome Statute and was further developed in the Prosecutor v. Jean-Pierre Bemba Gombo case. 5. According to Article 28 of the Rome Statute, there are four elements to the superior responsibility and read as follows: I. The accused was either military commander (de jure commander) or a person effectively acting as such (de facto commander) and had effective command and control (or effective authority and control in case of de facto commander) over the subordinates who committed the crimes . II. The accused either knew or under the circumstances, should have

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