ABSTRACT
The roles and responsibilities of commanders are central to ensuring respect for international humanitarian law. Commanders are expected to lead by example by disseminating international humanitarian law among their troops, imparting a culture of respect for international humanitarian law, and overseeing the actions of their subordinates. As with any other individual, commanders in their individual capacity can be held criminally responsible for war crimes they commit or that they are complicit in committing. Additionally, in their command capacity, they can be held responsible for the violations committed by their subordinates, either by the failure to prevent the occurrence of the violations or by the failure to punish those who committed violations. This chapter considers the evolution of the principle of command responsibility, before turning to its constitutive elements. These are, essentially: (1) the existence of a superior–subordinate relationship, (2) the knowledge of the potential or actual offenses, and (3) the measures that a commander is expected to take to prevent and punish the actions of his or her subordinates. Finally, this chapter summarily considers issues regarding manifestly illegal orders and the defense of superior orders.
