5.2 Individual Responsibility and Command Responsibility

The individual responsibility (Nuremberg's principle): the person responsible, not the abstract state (the crimes' individual character — the defences' bars: the superior orders' no- defence (the moral choice's exception), the official capacity's irrelevance, the statute-of- limitations' debates); the modes: the commission, the ordering, the aiding, the instigating; the joint criminal enterprise's doctrine (the tribunals' mode — the controversies). The commandresponsibility: the superior's answer for the subordinates' crimes (the Hague's-and-tribunals' line): the three elements (the effective control, the knowledge-or-had-reason-to-know, the failure- to-prevent-or-punish) — the Yamashita case's origin; the civilian superiors' extension (the Rome Statute); the doctrine's justice (the responsibility's diffusion debate — the "innocent commander" faces).