Criminal Responsibility of the Superior for Omission in International Criminal Law

Abstract

Criminal responsibility of the superior for the crimes committed by their subordinates represents one of the key issues for the criminal law. For the criminalization of omission of political and military leaders, the criminal law requires the effective notion. In the article the author analysis the concept on superior (command) responsibility developed by the international criminal law, which makes it possible to punish the omission conditioned in absence of direct intention from the side of superiors. According to the author, it fills up the gap, which is not well covered or “left open” by other approbated modes of individual responsibility.