Command responsibility and the International Criminal Court

This book discusses the issues surrounding the§responsibility of commanders and other superiors§under article 28(a) of the Rome Statute, but focuses§on the superior responsibility of a person§effectively acting as a military commander for crimes§committed by the military forces. Is it fair under§the Rome Statute to treat as equal a military§commander and a person effectively acting as a§military commander if he or she fails to exercise§proper control over the military forces under his or§her command and control, or effective authority and§control? Might article 28 of the Rome Statute overlap§with article 25 on individual criminal§responsibility? Does the crime of omission under§article 28 constitute a separate offence or§dereliction of duty? The author argues that it is§unfair to treat as equal the superior responsibility§of a military commander and of a person effectively§acting as a military commander for crimes committed§by the military forces. The reason is that they do§not have the same power over such forces. The nature§of command responsibility is still open to debate in§international criminal law to establish of what§exactly a superior is held responsible.