Must A Commander Know Of All Subordinate Crimes?
Автор: International Humanitarian Law Experts
Загружено: 2026-01-27
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When is a commander responsible for crimes committed by their subordinates, especially if they didn't directly know about them? This video delves into the critical principle of command responsibility in international humanitarian law, exploring the nuances of accountability in complex military environments.
Here are the key takeaways regarding commander accountability:
► A commander does not need personal, firsthand knowledge of every subordinate crime to be held responsible.
► Liability can arise from 'actual knowledge' (direct awareness) or 'constructive knowledge' (should have known).
► Constructive knowledge implies that a reasonable commander, given the circumstances, would have been aware of ongoing or impending crimes.
► Commanders are expected to take all reasonable measures to prevent or repress crimes, including proper training and effective reporting mechanisms.
► The 'mens rea' for commanders means knowingly disregarding substantial risks or failing to act on information, rather than intending the crimes themselves.
#CommandResponsibility, #InternationalHumanitarianLaw, #MilitaryLaw, #WarCrimes, #Accountability, #LegalAnalysis, #IHL
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