IMPORTANCE OF THE BEMBA CASE FOR THE INSTITUTE OF PERSONAL RESPONSIBILITY OF COMMANDERS AND OTHER SUPERIORS FOR THE COMMITMENT OF CRIMES AGAINST INTERNATIONAL LAW BY THEIR SUBORDINATES

This article is devoted to the analysis of Jean-Pierre Bemba Gombo case International Criminal Court. He was a Congolese politician, as well founder and head non-governmental armed group, named “Movement for Liberation Congo”, which members committed number crimes during conflict in Central African Republic. The importance this lies fact, that it first Court, where accused charged with crimes, by his subordinates, not himself. reveals main contradictions between judgments Trial Chamber, found guilty, Appeals acquitted him. legal basics institute personal responsibility commanders other superiors international criminal law, were formed decision Chamber case, are highlighted therein. author addresses analyzes grounds recognizing guilty committing their subordinates. It discovered, Article 28 Rome Statute requires take only necessary or reasonable measures prevent punish all possible at relevant time. should specify what exactly had do inform prior hearing. also into account objective circumstances, could commander from adequately responding commission especially if they operated territory another state. commander's ability be analyzed relation each individual crime he with, actions subordinates whole. At last, provided an exhaustive list criteria determining whether measures, taken commander, sufficient.