LA RESPONSABILIDAD DEL SUPERIOR "SENSU STRICTO" POR CRÍMENES DE GUERRA EN EL DERECHO INTERNACIONAL CONTEMPORÁNEO.

The present paper studies a superior's responsibility for war crimes according to International law. Following a review of some aspects of its nature, such as responsibility by omission, the three elements constituting this responsibility are extensively examined. In general terms, these are: a) The existence of a superior-subordinate relationship; b) the superior's knowledge of the war crimes committed by his/ her subordinates (mental element), and, c) failure by the superior to fulfill his/her duties to prevent and punish the war crimes committed by his/her subordinates. Analysis of International Criminal Court Statute and conventional norms of International humanitarian law, as well as the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda, are the main sources for the study of this important characteristic of International law. [ABSTRACT FROM AUTHOR]