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DOCTRINE: Criminality does not attach to every individual in this chain of 

command from the fact alone. There must be a personal dereliction.

 That occur only where the act directly traceable to him or where his

failure to properly supervise his subordinates constitutes criminal

negligence on his part.

The United States of America vs. Wilhelm von Lee! et al

"erman #i$h Command Case

%ACTS:  Wilhelm von Leeb together with other thirteen accused were former

high-ranking ocers in the German army and navy and ocers holding high

positions in the German !igh Command were indicted for crimes against

peace war crimes crimes against humanity and a common plan allegedly

committed during the "uropean War . General Wilhelm von Leeb was

charged with implementing !itler#s Commissar and $arbarossa %rders.

&uring the meeting held by !itler when the proposed e'termination of the

commissars was announced (on Leeb protested against its implementation

by discussing it with other high-ranking ocials who supported him for it is in

violation of the international law. )otwithstanding such opposition the order

was issued to the subordinate units of the German army. The $arbarossa

 *urisdiction order was received directly by the army group under (on Leeb#s

command that pertains to the conduct and discipline of troops particularly

 *udicial authority to shoot those who are merely suspected of certain acts.

 The order was not put into the chain of command nor was disapproved by

him. +ecords show that the order was criminally applied by his subordinates.

 The implementation of the Commissar and $arbarossa orders resulted to the

murder of +ussian political ocers and maltreatment of +ussian Civilian.

ISSUE: Whether or not a superior is automatically responsible for atrocities

perpetrated by his subordinates.

#ELD:  The court ruled in favor of (on Lieb and re*ected the thesis that a

superior is automatically responsible for atrocities perpetrated by his

subordinates. ,t acknowledged however that a superior#s negligence may

provide a proper basis for his accountability even absent direct participation

in the commission of crimes.

Criminality does not attach to every individual in this chain of command from

the fact alone. There must be a personal dereliction. That occur only where

the act directly traceable to him or where his failure to properly supervise his

subordinates constitutes criminal negligence on his part

repared by

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