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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 Leeb, et al
German High Command Case
FACTS:
Wilhelm von Leeb together with other thirteen accused were former
high-ranking officers in the German army and navy, and officers holding high
positions in the German High Command were indicted for crimes against
peace, war crimes, crimes against humanity and a common plan allegedly
committed during the European War . General Wilhelm von Leeb, was
charged with implementing Hitlers Commissar and Barbarossa Orders.
During the meeting held by Hitler when the proposed extermination of the
commissars was announced, Von Leeb protested against its implementation
by discussing it with other high-ranking officials who supported him for it is in
violation of the international law. Notwithstanding such opposition, the order
was issued to the subordinate units of the German army. The Barbarossa
jurisdiction order was received directly by the army group under Von Leebs
command that pertains to the conduct and discipline of troops particularly
judicial 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. Records show that the order was criminally applied by his subordinates.
The implementation of the Commissar and Barbarossa orders resulted to the
murder of Russian political officers and maltreatment of Russian Civilian.
ISSUE:
Whether or not a superior is automatically responsible for atrocities
perpetrated by his subordinates.
HELD:
The court ruled in favor of Von Lieb and rejected the thesis that a
superior is automatically responsible for atrocities perpetrated by his
subordinates. It acknowledged, however, that a superiors 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

Prepared by:

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JAMES PETER E. GARCES