Command Responsibility: The Development and Application of the Modern Doctrine

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.