The role of command responsibility in addressing police violence
by admin on | 2024-09-05 19:57:13 Last Updated by admin on 2024-10-18 10:28:33
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The reasoning of the High Court in the Baby Pendo case1 and the Garissa University Alshaabab case has raised very important issues and questions around command responsibility. These decisions have been rendered at a time when the Police Commanders have been issuing orders that violate national and international human rights principles intending to curb the peaceful Anti Finance Bill protest, an outright limitation of the right to peacefully picket and demonstrate. The paper aims to establish how police commanders and their juniors can be held accountable for human rights violations during the Anti-Finance Bill protests, arguing these violations amount to crimes against humanity. It calls for prosecution by the Director of Public Prosecutions and draws on international law due to the underdevelopment of the Command Responsibility doctrine in Kenya. The paper defines Command Responsibility, traces its history, and analyzes its application in International Law, highlighting aspects Kenya can adopt. It then examines the Anti-Finance Bill protests, focusing on police orders and calling for the prosecution of those responsible for human rights violations. The paper concludes with recommendations for the doctrine\'s future in Kenya. History of the Doctrine of Command Responsibility Command responsibility, a principle in international law, traces its origins back to early concepts of accountability articulated by Hugo Grotius in the 17th century. Grotius proposed that communities or rulers could be held responsible for crimes they failed to prevent when they had the power and obligation to do so. The modern doctrine of command responsibility began to take shape in the aftermath of World War I, notably during the Versailles Conference, where it was discussed but not fully embraced.9 The principle gained prominence after World War II, particularly through the Tokyo trials, which significantly shaped its current form. The Tokyo trials were important as they marked the first time that a commanding officer, General Tomoyuki Yamashita, was held criminally liable for atrocities committed by subordinates, despite lacking direct evidence linking him to the crimes.
