Elements Of Commander Criminal Responsibility On The Armed Conflict Law

According to the international law on the theory of commander criminalresponsibility, a superior implementation of war crimes, crimes against humanity, orgenocide and other international crimes in his subordinates, if knew or should have knownthe subordinate are or will be the implementation of these crimes and did not takereasonable and necessary measures to prevent or punish the crime, the superior need tobear criminal responsibility as his subordinate. This paper will mainly embarks from thekey component of commander criminal responsibility, analyze the essence element of eachkey component, then through legal reasoning and legal analysis to prove the legitimacyand rationality of this theory. In addition, this paper also combined with some typical casesto prove the validity of each elements. Finally, in this article, the author also put forwardmany opinions and views, in order to draw more attention on this theory.As this article will mainly be discussed starting from its constituent elements,therefore, the structure of this paper will be mainly composed of three elements of thetheory of command responsibility to be divided sections. The first chapter is to introducethe basic overview of the theory, including its legal basis as well as several constituentelements determined. Chapter II, III and IV, respectively, from each of the elements isstarting from the theory and practice of the trial court to analyze the reasonableness of itscomposition.For the commander’s responsibility for the war, must from the identity of thecommander, commander of the subjective state and commander as not to be three levels ofanalysis of conviction. Must first prove that the commanders have real power, caneffectively control the behavior of their subordinates, and in a superior to subordinatesoldiers; second, to identify the commanders in the subjective state is known, or on thebasis of other information to infer its should know the crime; finally, the commander doesnot take the necessary and reasonable measures, to prevent crime or punishment crime hasoccurred. Meet the standards of the three levels, can identify with the commander,commander.