The Doctrine of Command Responsibility and the Need to Avoid Arbitrary Punishments

By Deborah Civico

When should a superior be held responsible for the crimes of his subordinates? Power and Responsibility are to be seen as a continuum, with one flowing from the other. What often emerges is the idea of a power which, pretending to do well, has in it the seeds of "evil". An "evil" restrained, but always ready to manifest in exceptional moments, as a surplus of sovereignty. Thus, having power can influence a person to abridge the limits of morality and infringe upon the rights of others. A leader, under the "intoxication" of power, could refuse to respect the rights of others, and become irresponsible and unaccountable. Moving along the same idea, responsibility without power becomes meaningless. Unless a person has been entrusted with an adequate amount of power, the responsibility entrusted cannot be performed. Thus, power and responsibility require the support of each other in every walk of life. Power and Responsibility: that is where Command Responsibility comes from. [Subject: Criminal Law]


Publication Date: 1/1/2017
Format: Paper
ISBN: 9789462403482


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