LA RESPONSABILITE PENALE DU CHEF HIERARCHIQUE : ÉTUDE COMPARATIVE ENTRE LE STATUT DE ROME ET LE DROIT PENAL MILITAIRE CONGOLAIS
THE PENAL RESPONSABILITY OF THE HIERARCHICAL SUPERIOR : A COMPARATIVE STUDY BETWEEN THE ROME STATUTE AND THE CONGOLESE PENAL MILITARY LAW

Summary/Abstract: The criminal liability of military and civilian commanders for crimes committed by their subordinates is a central issue in international humanitarian law and comparative criminal law. This question is particularly significant in the Democratic Republic of the Congo (DRC), where prolonged armed conflicts and serious human rights violations have raised concerns regarding the accountability of military leaders and hierarchical authorities. This article examines the legal framework of superior responsibility in three legal systems: Congolese military criminal law, and the Rome Statute establishing the International Criminal Court (ICC). It investigates how the Rome Statute influences the Congolese legal system in holding commanders criminally accountable for international crimes. Through comparative analysis, the study identifies convergences and divergences in the scope of authority, duty of prevention, and consequences of omissions within the chain of command. The findings aim to enhance understanding of commanders’ legal obligations and to provide recommendations for the effective implementation of international law and national criminal law in the DRC context.

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