Abstract:
The concept that a commander should be responsible for controlling the
behaviour of troops at his or her direct command is a longstanding one, with some
commentators dating its formal existence back as far as 1439. The Hague
Conventions of 1907 made reference to the existence of a command responsibility, as
did the protocols to the Geneva Conventions. Forms of the doctrine are set out in
numerous national military manuals throughout the world, including New Zealand’s
own, and frequently set out in national legislation which deals with international
crimes.
This paper examines the parameters of the modern doctrine of command
responsibility (the doctrine). It finds that the boundaries may have at times shifted too
far, and expresses the view that in order for fair and just results to be achieved – and
for the integrity of the doctrine and the perceived integrity of those who apply it to
remain intact – strict limits on its application should apply.
