Command responsibility and the International Criminal Court

This book discusses the issues surrounding theresponsibility of commanders and other superiorsunder article 28(a) of the Rome Statute but focuseson the superior responsibility of a personeffectively acting as a military commander for crimescommitted by the military forces. Is it fair underthe Rome Statute to treat as equal a militarycommander and a person effectively acting as amilitary commander if he or she fails to exerciseproper control over the military forces under his orher command and control or effective authority andcontrol? Might article 28 of the Rome Statute overlapwith article 25 on individual criminalresponsibility? Does the crime of omission underarticle 28 constitute a separate offence ordereliction of duty? The author argues that it isunfair to treat as equal the superior responsibilityof a military commander and of a person effectivelyacting as a military commander for crimes committedby the military forces. The reason is that they donot have the same power over such forces. The natureof command responsibility is still open to debate ininternational criminal law to establish of whatexactly a superior is held responsible.