“I do not agree that President Aquino has incurred any liability on the principle of command responsibility under international law. Under the Rome Statute, command responsibility will apply if the superior, knowing his subordinates will commit a crime, fails to stop the commission of the crime, or knowing that his subordinates committed a crime, fails to punish them,” Senate President Franklin Drilon said.
“In this particular case, the Special Action Force of the Philippine National Police, per news report, was there to serve a warrant of arrest to known terrorists, not to commit any crime, so the principle of command responsibility does not apply,” Drilon noted.
“The command responsibility has no application with President Aquino under the Rome Statute,” he added.
Under the doctrine of command responsibility, a superior may be held criminally responsible for a crime committed by his subordinates if it is proven that despite his awareness of the crimes of subordinates, he failed to fulfil his duties to prevent and punish these crimes.