Law of War Handbook 2005

and defacto control of military and political affairs in Rwanda during the

1994 genocide) and Jean Paul Akayesu (bourgrnestre (mayor), responsible

for executive hnctions and maintenance of public order within his

commune), high-ranking civilian officials in the Rwandan national and local

governments, respectively.

3. In ICTY, the doctrine of command responsibility is used in numerous
   indictments, to include those against Slobodan Milosevic (President of the
   FRY) (See AppenQx), Radovan Karadzic (as founding member and
   President of Serbian Democratic Party) and Gen. Ratko Mladic (Commander
   of JNA Bosnian Serb Army).

G. The International Criminal Court establishes its definition of the requirements
for the responsibility of Commanders and other superiors in Article 28 of the
Rome Statute. Note that it denotes the responsibility for military commanders
and those hnctioning as such (subparagraph a) differently from other superiors,
i.e. civilian leaders (subparagraph b).

1. Subparagraph a states: '.'A military commander or person effectively acting
   as a military commander shall be criminally responsible for crimes within the
   jurisdiction of the Court committed by forces under his or her effective
   command and control, or effective authority and control as the case may be,
   as a result of his or her failure to exercise control properly over such forces,
   where:

a.  That military commander or person either knew or, owing to the

circumstances at the time, should have known that the forces were

committing or about to commit such crimes; and

b.  That military commander or person failed to take all necessary and

reasonable measures within his or her power to prevent or repress their

commission or to submit the matter to the competent authorities for

investigation and prosecution."

2. Subparagraph b states: "With respect to superior and subordinate
   relationships not described in paragraph (a), a superior shall be criminally
   responsible for crimes within the jurisdiction of the Court committed by
   subordinates under his or her effective authority and control, as a result of his
   or her failure to exercise control properly over such subordinates, where: