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Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the doctrine of hierarchical accountability in cases of war crimes committed during wartime.〔(Guilty Associations: Joint Criminal Enterprise, Command Responsibility, and the Development of International Criminal Law ) by Allison Marston Danner and Jenny S. Martinez, September 15, 2004〕〔(Command Responsibility - An International Focus ) by Anne E. Mahle, PBS〕〔(Command, superior and ministerial responsibility ) by Robin Rowland, CBC News Online, May 6, 2004〕〔Superior responsibility (''Prosecutor v. Popović et al'', ICTY TC II, 10 June 2010 (case no. (IT-05-88-T )). p. 511)〕 The term may also be used more broadly to refer to the duty to supervise subordinates, and liability for the failure to do so, both in government, military law, and with regard to corporations and trusts. The doctrine of "command responsibility" was established by the Hague Conventions of 1899 and 1907 and was applied for the first time by the German Supreme Court at the Leipzig War Crimes Trials after World War I, in the 1921 trial of Emil Müller.〔 by Iavor Rangelov and Jovan Nicic, Humanitarian Law Center, February 23, 2004〕〔(The Contemporary Law of Superior Responsibility ) by Ilias Bantekas American Journal of International Law, No 3 July 1999〕〔(Joint Criminal Enterprise and Command Responsibility ) by Kai Ambos, Professor of Criminal Law, Criminal Procedure, Comparative Law and International Criminal Law at the University of Göttingen; Judge at the State Court (Landgericht) Göttingen, Journal of International Criminal Justice, originally published online on January 25, 2007〕 The "Yamashita standard" is based upon the precedent set by the United States Supreme Court in the case of Japanese General Tomoyuki Yamashita. He was prosecuted in 1945, in a still controversial trial, for atrocities committed by troops under his command in the Philippines during the Pacific Theater of World War II. Yamashita was charged with "unlawfully disregarding and failing to discharge his duty as a commander to control the acts of members of his command by permitting them to commit war crimes."〔(Command Responsibility and Superior Orders in the Twentieth Century - A Century of Evolution ) by, Stuart E Hendin, Murdoch University Electronic Journal of Law〕〔The Yamashita standard *(Sugamo and the River Kwai ) By Robin Rowland, Paper presented to Encounters at Sugamo Prison, Tokyo 1945–52, The American Occupation of Japan and Memories of the Asia-Pacific War, Princeton University, May 9, 2003 *(The Yamashita Standard ) by Anne E. Mahle, PBS〕 The "Medina standard" is based upon the 1971 prosecution of U.S. Army Captain Ernest Medina in connection with the My Lai Massacre during the Vietnam War.〔(Excerpt of the Prosecution Brief on the Law of Principals in ''United States v. Captain Ernest L. Medina'' )〕 It holds that a commanding officer, being aware of a human rights violation or a war crime, will be held criminally liable when he does not take action. However, Medina was acquitted of all charges.〔〔The Medina standard *(Human Rights and the Commander ) By Barry McCaffrey, autumn 1995 *(The My Lai Massacre: A Case Study ) By MAJ. Tony Raimondo, Human Rights Program, School of the Americas, Fort Benning, Georgia〕〔http://www.upi.com/Audio/Year_in_Review/Events-of-1971/12295509436546-1/#title "1971 Year in Review, UPI.com"〕 ==Origin== 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「command responsibility」の詳細全文を読む スポンサード リンク
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