Oh, No, It’s a Half-Baked Report!


Ultimately Responsible? NO, Poe! By Benjamin MaynigoMy barber asked, “What is your take on the Senate Report on the Mamasapano encounter? According to the report, PNoy is ‘ultimately responsible for the outcome of the mission’. Do you agree?”“NO, Poe!” I told my barber. The report bothers me. I believe that Senator Poe and the other Senators who signed the report have an erroneous understanding and incorrect application of the doctrine of Command Responsibility.  Their claim that as Commander in Chief as well as Chief Executive of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) respectively, he is responsible for the criminal or illegal acts committed by the subordinates under his supervision and control.There exists a body of law as well as jurisprudence that govern and apply the doctrine of Command Responsibility.Section 28 (a) of the Rome Statute states,  “A military commander or person effectively acting as a military commander shall be criminally responsible for crimes within the jurisdiction of the Court committed by forces under his or her effective command and control, or effective authority and control as the case may be, as a result of his or her failure to exercise control properly over such forces, where:                    (i) That military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and                    (ii) That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.”

via Oh, No, It's a Half-Baked Report!.

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