Applying the doctrine of command responsibility under Article 28 of the Rome Statute

This chapter explores the application of the doctrine of command responsibility to leaders of transnational terrorist groups, which carry out terrorist attacks in non-armed conflict situations. The difficulty prosecuting leaders under Articles 28 and 25 of the Rome Statute will be examined with reference to not only the jurisprudence of the International Criminal Court but also the International Criminal Tribunal for the Former Yugoslaviaand the International Criminal Tribunal for Rwanda. The chapter examines the challenges faced by the leader in fulfilling these duties with particular reference to successor commanders. As a result, it may be difficult for the leader to oversee the activities of each cell and take steps to prevent international crimes. The chapter explores these duties are particularly onerous for successor leaders who can be held accountable for failing to punish subordinates for crimes they committed before he/she took up a command position.