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THE CONTEMPORARY LAW OF SUPERIOR RESPONSIBILITY

HE CONTEMPORARY LAW OF SUPERIOR RESPONSIBILITY
from the American Journal of International Law v.93, no. 3, July 1999
By Ilias Bantekas(1)

I. Introduction

In the bloody aftermath of World War I it became apparent that those in military or civilian authority provided a cornerstone for the good conduct of those under their command, and hence should carry some liability for their actions.(2) A Commission established by the allies after World War I to assess the responsibility of German officers rightly assumed that a combination of power to intervene, knowledge of crimes and subsequent failure to act should render those concerned liable for the crimes of their subordinates.(3) Despite United States and Japanese dissent, the latter arguing that high-ranking officials could not be held personally accountable under international law in accordance with the abstention theory of responsibility,(4) trials instituted at the German Supreme Court in Leipzig recognized the existence of concrete duties pertaining to military commanders.(5) Undoubtedly, two precursors to the Leipzig proceedings, the Hague Conventions IV (1907)(6) and X (1907)(7) created affirmative command duties in relation to the conduct of subordinate persons, establishing the doctrine of "command responsibility."(8)

The Contemporary Law of Superior Responsibility