Actual control as a condition to prove the responsibility of leader and presidents for the action of their subordinates Case study Decision of the appeals chamber in the case prosecutor v. Jean – Pierre Bemba before the ICC

Abstract

The actual control exercised by the superior over his subordinates is one of the most important requirements and conditions for implementing the responsibility of commanders and superiors for the actions of their subordinates by proving subordinates’ subordination to the chief as he exercises effective control and proving the element of knowledge and actual conclusion as well as his failure to take the necessary and reasonable measures to prevent or suppress crimes committed by those who fall under their command.