What is the concept of command responsibility?
Command responsibility is an omission mode of individual criminal liability: the superior is responsible for crimes committed by his subordinates and for failing to prevent or punish (as opposed to crimes he ordered).
What is command responsibility in PNP?
Command responsibility refers to the “accountability or responsibility or answerability of the commander of a Military Force or Unit for the acts of his men, inclusive of the authority to order, to direct, to prevent or control the acts of his men.” People v Lucero, et al., GR No. 64323-24, 31 May 1991.]
What is command responsibility in the military?
ABSTRACT—The doctrine of command responsibility posits that, when military commanders fail to effectively prevent, suppress, or punish their subordinates’ war crimes, the commander may be punished for the subordinates’ crimes.
What is the legal basis of the doctrine of command responsibility?
According to the doctrine of command responsibility, a superior may be held criminally responsible for a crime committed by his subordinates if it is proven that despite his awareness of the crimes of subordinates, he fails to fulfil his duties to prevent and punish these crimes.
How command responsibility is it important?
In international criminal law, the principle of command responsibility allows for commanders to be held criminally liable for crimes committed by their subordinates.
Is the legal right of superior to command his subordinates?
It is the legal right of the superior to command his subordinates. It is the responsibility of a subordinate to complete the task assigned to him by his superior. Authority normally arises due to the position of the boss in the organization.
What is the doctrine of chain of command?
1. The succession of commanding officers from a superior to a subordinate through which command is exercised.
Who signed the Executive Order 226?
President Corazon C. Aquino
On July 16, 1987, President Corazon C. Aquino signed Executive Order No. 226 known as the Omnibus Investments Code of 1987 to integrate, clarify and harmonize laws on investment thereby encouraging domestic and foreign investments in the country.
What is command responsibility in security?
Doctrine of Command Responsibility. Command responsibility is the primary mechanism through which superiors/commanders are criminally responsible for failing to prevent or punish crimes committed by subordinates.
What is “command responsibility”?
“Command or superior responsibility” is often misunderstood. First, it is not a form of objective liability whereby a superior could be held criminally responsible for crimes committed by subordinates of the accused regardless of his conduct and regardless of what his knowledge of these crimes.
What is a Commander’s responsibility for war crimes committed by his troops?
The concept of a commander‟s responsibility for war crimes committed by troops at the superior‟s direct command long antedates the Second World War.
Is there a doctrine of command responsibility in International Criminal Law?
While this study engages in a broad discussion of all aspects of criminal responsibility in international criminal law, including justifications and excuses, the author is an expert in the doctrine of command responsibility, evidence by her many contributions to the debate.
When is a Commander liable for criminal misconduct of subordinates?
Page 1 Command Responsibility Introduction In 1945 an American Military Commission held in United States v. Yamashita that a commander is liable for the criminal misconduct of subordinates which the commander ordered, or about which the commander knew or should have known, and failed to take reasonable action to prevent.