The Extend of Criminal Responsibilities of a Superior for the Commission of Offences by the Subordinates

Abstract

The superior is responsible for atrocities committed by the subordinates violating International Humanitarian Law is not a new concept in the legal arena but it was applied even in the ancient time among the leaders of the tribe. Although the doctrine of superior responsibility was applied in many cases before and after the Second and First World War but it was first codified in articles 86&86 of the Additional Protocol 1 of the Geneva Conventions 1949. Now, it is established by many international instruments i.e.Statute of International Criminal Tribunal for Former Yugoslavia. and case laws that the superior is liable for committing international crimes i.e. crimes against humanity, war crime and genocide, by the subordinates but from beginning to today a debate is continuing  either the superior is responsible for the offences committed by the subordinates or for a separate offence committed by superior through omission to discharge his duty to prevent, control and punish the subordinates for violating war laws. In This paper intends to establish that the superior is not responsible for the offences committed by the subordinates as a mode of liability or as an accomplice but he/she is liable for separate offence for his/her failure to prevent and suppress the subordinates. Secondly the authors want to clear that superior and principal offender is not the same person but if a superior by orders, abets, instigates in any other modes participate in the commission of the offences then the superior is responsible for the offences committed by the subordinates.

Key words: Superior responsibility, command responsibility, responsibility, subordinates. International Humanitarian Law