Command responsibility in case of Ivana Matsui

Abstract

Command responsibility as a special form of the responsibility creates some issues in the process of evaluating its elements. The practice of the International Criminal Tribunal for the Far East indicated the problems that have arisen as a result of arbitrary interpretation of the content of command responsibility and attempt of creating a unified indictment. The specific case noted that certain elements of command responsibility of the individual who has effective control over his subordinates, were not enough, if at the same time imperium over him had his prime minister or official responsible for the operation of the Ministry of War and, as such, did not take the necessary measures in his jurisdiction. In this way, there are difficulties in starting criminal proceedings, because the holder of command responsibility could not be easily determined.