What are the Main Elements in the case of Radovan Karadzic and Ratko Mladic?

  1. There is a subordinate relationship between the commander and the perpetrator of the crime according to the hierarchy of the chain of command. In the case of Radovan Karadzic and Ratko Mladic, when violations occurred that caused suffering to thousands of people in Bosnia Serbia, their status was leaders. So, subordinates who commit crimes under his leadership, then the leader is responsible in the principle of command responsibility.
  2. It needs to be proven that the commander knew or should have known that the troops.This is often called the mens rea of command responsibility. In this case, the superior knew or had reason to know that a crime had occurred or was being committed under his command was being or would be or had even committed a violation Law International (Shandy Victor Hezkia Mewoh, 2019).
  3. The commander has failed to prevent and punish the perpetrators of the violation. Radovan Karadzic and Ratko Mladic as leaders who have legal obligations or legal obligations have failed or neglected to use them to stop, prevent, prosecute and control, including not punishing the actions of their subordinates. So, they have failed to exercise effective control and are responsible based on the principle of command responsibility.

 References

  • Mewoh, Shandy Victor Hezkia. 2019. Responsibility of Commanders for Mistakes Made by Subordinates According to International Humanitarian Law. Jurnal Lex Et Societatis Vol. VII/No.7
  • Sujatmiko, Andrey. 2015. Human Rights and Humanitarian Law. Jakarta: Raja Grafindo
  • BBC News. 2020. Ratko Mladic, commander of the 'Butcher of Bosnia' who killed 8,000 Muslims in Srebenica, requests to be released from punishment. https://www.bbc.com/indonesia/dunia-53909781 (accessed 07/02/2023)

*This article represents the personal opinion of the author and does not represent the views of the editors Legal Literacy Indonesia.