KOMANDNA ODGOVORNOST- OBLIK ODGOVORNOSTI ILI POSEBNO KRIVIČNO DJELO
COMMAND RESPONSIBILITY – ASPECT OF RESPONSIBILITY OR EXCEPTIONAL CRIMINAL OFFENCE

Summary/Abstract: Guilt, in other words criminal responsibility of a commanding officer or other higher-ranked people who gave an order to commit a crime or they themselves somehow participated in direct committing of it, was not disputable neither in earlier criminal-law terms theory and practice, nor it is disputable today. Responsibility, in other words the guilt of those higherranked people is established by means of institute of committing and assisting in the committing of the crime. It is all about the so-called direct command responsibility. Problem emerges when someone wants to prove the guilt of those people who were positioned in state employment or in military organisations. The problem also emerges in proving the guilt of those people who had decreeing authorisation but they didn’t command committing of the crime (there is no evidence of it) but their contribution to the crime is significant. International Community solved this problem, in order to protect civilians, soldiers and prisoners of war by installing the specific aspect of the guilt, in other words responsibility, which is in theory and in practice called command responsibility, indirect command responsibility, or command responsibility stricto sensu.

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