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Simple English definitions for legal terms
command responsibility
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A quick definition of command responsibility:
Command responsibility is a legal rule that says military leaders can be held responsible for crimes committed by their soldiers. This means that if a soldier does something wrong, their commander can also be punished for not stopping it or preventing it from happening. The rule is meant to make sure that commanders take responsibility for what their soldiers do and try to stop any bad behavior. It is important because it helps protect innocent people during times of war.
A more thorough explanation:
Definition: Command responsibility is a legal principle in international criminal law that allows military commanders to be held accountable for war crimes committed by their subordinates.
This principle was first established in the Hague Conventions IV and X in 1907. The United States Supreme Court also applied the command responsibility doctrine in the case of In re Yamashita. The court ruled that military commanders have a duty to take appropriate measures to protect prisoners of war and civilians from violations of the law of war.
For example, if a soldier under a commander's authority commits a war crime, the commander can be held responsible if they failed to take reasonable steps to prevent the crime or punish the perpetrator. This principle helps ensure that military leaders are held accountable for the actions of their subordinates and encourages them to take steps to prevent war crimes from occurring.