What is command responsibility ?
What is command responsibility or superior responsibility?
It is the doctrine of hierarchical accountability in cases of war crimes. It is also called the Yamashita principle.
[Yamashita was the Commanding General of 14th Army Group between 9 Oct 44 - 2 Sep 45 and Military Governor of Philippines. He assumed post 11 days before the allied forces took control of Philippines.
Under his command, his troops committed acts of violence, cruelty and homicide inflicted on the civilian population resulting in over 25,000 non-combatant men, women and children being killed. There was widespread destruction which included religious monuments and places of historical importance he was charged with failure to discharge his duty as commander and control the acts of the subordinates under his command.]
The concept of superior responsibility was first included in the second Hague convention of 1907 and first applied by the German Supreme court after World War 1.
In the Additional Protocol 1 to the Geneva Conventions of 1949 it is stated:
Article 87 Duty of commanders
“1. The High Contracting Parties and the Parties to the conflict shall require military commanders, with respect to members of the armed forces under their command and other persons under their control, to prevent and, where necessary, to suppress and to report to competent authorities breaches of the Conventions and of this Protocol.
2. In order to prevent and suppress breaches, High Contracting Parties and Parties to the conflict shall require that, commensurate with their level of responsibility, commanders ensure that members of the armed forces under their command are aware of their obligations under the Conventions and this Protocol.
3. The High Contracting Parties and Parties to the conflict shall require any commander who is aware that subordinates or other persons under his control are going to commit or have committed a breach of the Conventions or of this Protocol, to initiate such steps as are necessary
It is the doctrine of hierarchical accountability in cases of war crimes. It is also called the Yamashita principle.
[Yamashita was the Commanding General of 14th Army Group between 9 Oct 44 - 2 Sep 45 and Military Governor of Philippines. He assumed post 11 days before the allied forces took control of Philippines.
Under his command, his troops committed acts of violence, cruelty and homicide inflicted on the civilian population resulting in over 25,000 non-combatant men, women and children being killed. There was widespread destruction which included religious monuments and places of historical importance he was charged with failure to discharge his duty as commander and control the acts of the subordinates under his command.]
The concept of superior responsibility was first included in the second Hague convention of 1907 and first applied by the German Supreme court after World War 1.
In the Additional Protocol 1 to the Geneva Conventions of 1949 it is stated:
Article 87 Duty of commanders
“1. The High Contracting Parties and the Parties to the conflict shall require military commanders, with respect to members of the armed forces under their command and other persons under their control, to prevent and, where necessary, to suppress and to report to competent authorities breaches of the Conventions and of this Protocol.
2. In order to prevent and suppress breaches, High Contracting Parties and Parties to the conflict shall require that, commensurate with their level of responsibility, commanders ensure that members of the armed forces under their command are aware of their obligations under the Conventions and this Protocol.
3. The High Contracting Parties and Parties to the conflict shall require any commander who is aware that subordinates or other persons under his control are going to commit or have committed a breach of the Conventions or of this Protocol, to initiate such steps as are necessary