Norma relacionada
Republic of Korea
Practice Relating to Rule 153. Command Responsibility for Failure to Prevent, Punish or Report War Crimes
The Republic of Korea’s Military Operations Law of War Compliance Regulation (1993) states that commanders of United Nations Command/Combined Forces Command (UNC/CFC) are responsible for securing respect for the laws of war.
Republic of Korea, Military Operations Law of War Compliance Regulation, Regulation No. 525-8, 1 November 1993, Statute 525-8 of United Nations Command/Combined Force Command (UNC/CFC), Statute of Observing Laws of War of 15 December 1988, p. 230, § E.
The Republic of Korea’s ICC Act (2007) provides:
Article 5 (Responsibility of military commanders and other superiors)
A military commander (the term “commander” hereinafter includes any person effectively acting as a commander) or a superior of a group or an organization (the term “superior” hereinafter includes any person effectively acting as a superior) who omits to prevent a subordinate under his or her effective command and control from committing [genocide, crimes against humanity or war crimes] shall be punished in the same way as a perpetrator of the offence committed by that subordinate.
Republic of Korea, ICC Act, 2007, Article 5; see also Article 15 (Violation of the duty of supervision).
The legislation also provides:
A military commander or a civilian superior who fails to draw attention of the authority responsible for the investigation or prosecution to the commission of [genocide, crimes against humanity, or war crimes] by his or her subordinate shall be punished by imprisonment for up to five years.
Republic of Korea, ICC Act, 2007, Article 15(3).
