Political Law, 2017 Bar — Question XIII-A

DEFINE, ENUMERATE OR EXPLAIN

Command responsibility pertains to the responsibility of commanders for crimes committed by subordinate members of the armed forces or other persons subject to their control in international wars or domestic conflicts. The doctrine has now found application in civil actions for human rights abuses, and in proceedings seeking the privilege of the writ of amparo. (a) What are the elements to be established in order to hold the superior or commander liable under the doctrine of command responsibility? (4%)

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