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This pattern, as set out in detail in the 2014 report, suggests the commission of<br />
crimes against humanity which is planned and coordinated by the state and by<br />
individuals who operate as part of the state security forces. It is<br />
institutionalised and systematic.<br />
Command Responsibility<br />
Those in positions of authority who ordered that these crimes should be<br />
committed and whose orders were followed in committing these crimes would<br />
be individually criminally responsible for the commission of these acts as crimes<br />
against humanity.<br />
Those who facilitated, solicited, induced, or aided and abetted in the<br />
commission of these crimes would be individually criminally responsible for the<br />
commission of these acts as crimes against humanity.<br />
A military commander (any commander of any branch of the security forces<br />
could qualify as a military commander) whose subordinates under his effective<br />
authority and control commit these acts, who knew or should have known that<br />
his subordinates were committing these crimes, and who failed to prevent or<br />
punish or submit these allegations to the competent authorities, and as a<br />
result of his failure in his duty the acts were committed, would be individually<br />
criminally responsible for the commission of these acts as crimes against<br />
humanity through the theory of command responsibility 83 .<br />
Similarly, any superior whose subordinates under his effective authority and<br />
control commit these acts, who knew or consciously disregarded information<br />
which clearly indicated that his subordinates were committing or were about to<br />
commit such acts which were within the effective authority and control of this<br />
superior, and who failed to take all necessary and reasonable measures within<br />
his power to prevent or repress their commission or to submit to the competent<br />
authorities for investigation and prosecution, would be individually criminally<br />
83<br />
See, Rome Statute of the ICC, Article 28. See also, Women’s Initiatives for Gender Justice, Modes of Liability, pages 88 to 96 for a<br />
detailed description of the current status of the jurisprudence regarding superior responsibility.<br />
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