Command and Superior Responsibility

Description: This quiz will evaluate your understanding of the principles of command and superior responsibility in international criminal law.
Number of Questions: 15
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Tags: international criminal law command responsibility superior responsibility
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Which of the following is NOT an element of command responsibility?

  1. The superior had effective control over the subordinate.

  2. The superior knew or should have known about the subordinate's criminal acts.

  3. The superior failed to take reasonable steps to prevent or punish the subordinate's criminal acts.

  4. The subordinate acted within the scope of their authority.


Correct Option: D
Explanation:

The subordinate's acts must be outside the scope of their authority for command responsibility to attach.

What is the difference between command responsibility and superior responsibility?

  1. Command responsibility applies to military superiors, while superior responsibility applies to civilian superiors.

  2. Command responsibility requires knowledge of the subordinate's criminal acts, while superior responsibility does not.

  3. Command responsibility requires the superior to have taken steps to prevent or punish the subordinate's criminal acts, while superior responsibility does not.

  4. Command responsibility applies to acts committed by subordinates, while superior responsibility applies to acts committed by superiors.


Correct Option: A
Explanation:

Command responsibility is a form of criminal liability that applies to military superiors for the criminal acts of their subordinates, while superior responsibility is a form of criminal liability that applies to civilian superiors for the criminal acts of their subordinates.

Which of the following is an example of command responsibility?

  1. A military commander is held responsible for the war crimes committed by his troops.

  2. A police chief is held responsible for the excessive force used by his officers.

  3. A corporate CEO is held responsible for the environmental crimes committed by his company.

  4. A government minister is held responsible for the corruption committed by his subordinates.


Correct Option: A
Explanation:

Command responsibility is a form of criminal liability that applies to military superiors for the criminal acts of their subordinates.

Which of the following is an example of superior responsibility?

  1. A military commander is held responsible for the war crimes committed by his troops.

  2. A police chief is held responsible for the excessive force used by his officers.

  3. A corporate CEO is held responsible for the environmental crimes committed by his company.

  4. A government minister is held responsible for the corruption committed by his subordinates.


Correct Option: C
Explanation:

Superior responsibility is a form of criminal liability that applies to civilian superiors for the criminal acts of their subordinates.

What is the defense of necessity in the context of command responsibility?

  1. The superior was acting under duress.

  2. The superior was acting in self-defense.

  3. The superior was acting to prevent a greater harm.

  4. The superior was acting in accordance with a lawful order.


Correct Option: C
Explanation:

The defense of necessity in the context of command responsibility allows a superior to escape liability if they were acting to prevent a greater harm.

What is the defense of obedience to orders in the context of command responsibility?

  1. The superior was acting under duress.

  2. The superior was acting in self-defense.

  3. The superior was acting to prevent a greater harm.

  4. The superior was acting in accordance with a lawful order.


Correct Option: D
Explanation:

The defense of obedience to orders in the context of command responsibility allows a superior to escape liability if they were acting in accordance with a lawful order.

Which of the following is NOT a factor that courts consider when determining whether a superior had effective control over a subordinate?

  1. The superior's rank or position.

  2. The subordinate's rank or position.

  3. The nature of the task assigned to the subordinate.

  4. The superior's ability to supervise the subordinate.


Correct Option: B
Explanation:

The subordinate's rank or position is not a factor that courts consider when determining whether a superior had effective control over a subordinate.

Which of the following is NOT a factor that courts consider when determining whether a superior knew or should have known about a subordinate's criminal acts?

  1. The superior's rank or position.

  2. The subordinate's rank or position.

  3. The nature of the task assigned to the subordinate.

  4. The superior's ability to supervise the subordinate.


Correct Option: B
Explanation:

The subordinate's rank or position is not a factor that courts consider when determining whether a superior knew or should have known about a subordinate's criminal acts.

Which of the following is NOT a factor that courts consider when determining whether a superior failed to take reasonable steps to prevent or punish a subordinate's criminal acts?

  1. The superior's rank or position.

  2. The subordinate's rank or position.

  3. The nature of the task assigned to the subordinate.

  4. The superior's ability to supervise the subordinate.


Correct Option: B
Explanation:

The subordinate's rank or position is not a factor that courts consider when determining whether a superior failed to take reasonable steps to prevent or punish a subordinate's criminal acts.

Which of the following is NOT a defense to command responsibility?

  1. The defense of necessity.

  2. The defense of obedience to orders.

  3. The defense of superior orders.

  4. The defense of mistake of fact.


Correct Option: C
Explanation:

The defense of superior orders is not a defense to command responsibility.

Which of the following is NOT a defense to superior responsibility?

  1. The defense of necessity.

  2. The defense of obedience to orders.

  3. The defense of superior orders.

  4. The defense of mistake of fact.


Correct Option: C
Explanation:

The defense of superior orders is not a defense to superior responsibility.

Which of the following is NOT a form of command responsibility?

  1. Direct command responsibility.

  2. Indirect command responsibility.

  3. Vicarious command responsibility.

  4. Strict command responsibility.


Correct Option: D
Explanation:

Strict command responsibility is not a form of command responsibility.

Which of the following is NOT a form of superior responsibility?

  1. Direct superior responsibility.

  2. Indirect superior responsibility.

  3. Vicarious superior responsibility.

  4. Strict superior responsibility.


Correct Option: D
Explanation:

Strict superior responsibility is not a form of superior responsibility.

Which of the following is NOT an element of the crime of genocide?

  1. The intent to destroy, in whole or in part, a national, ethnical, racial or religious group.

  2. The killing of members of the group.

  3. The causing of serious bodily or mental harm to members of the group.

  4. The imposition of conditions of life calculated to bring about the physical destruction of the group.


Correct Option: B
Explanation:

The killing of members of the group is not an element of the crime of genocide.

Which of the following is NOT an element of the crime of crimes against humanity?

  1. The widespread or systematic attack against a civilian population.

  2. The murder of members of the civilian population.

  3. The causing of serious bodily or mental harm to members of the civilian population.

  4. The imposition of conditions of life calculated to bring about the physical destruction of the civilian population.


Correct Option: B
Explanation:

The murder of members of the civilian population is not an element of the crime of crimes against humanity.

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