Abstract:
In military organizations, the leadership of each unit is the responsibility of its commander, and in a vertical hierarchy, the commander of each unit is subject to the orders of the superior commander. The responsibility for the performance of each unit rests directly with its commander, and this responsibility is primarily disciplinary in nature and, in some cases, civil in nature. This research was conducted with the aim of examining the disciplinary responsibility of military commanders in Iranian law. The result is that military organizations in no way have the authority to exercise legal powers and are only responsible for implementing issued judgments. The legislator has stated that a military commander must perform every action within the framework of the law to achieve the set goals and, at the same time, must take into account ethical, human, and religious issues, where public custom plays an important role in accurately determining this responsibility. Superior commanders are obliged to supervise the actions of subordinate personnel and commanders and bear disciplinary responsibility for their illegal actions. This issue has been emphasized in various sources of international law as well as in its custom, which dates back to the trial of military commanders after World War II. Although the legislator has not addressed this issue in detail, in the event of a commander's negligence in their supervisory duty, the illegal acts committed by subordinate commanders and personnel entail disciplinary responsibility.
Machine summary:
" Hosseini and Abbasi (1398), in an article, examined the criminal liability of the command hierarchy in the armed forces of the Islamic Republic of Iran and stated that in domestic law, a legal mandatory order is considered one of the justifications for a crime.
" Article 13 also states: "In the event that officers use weapons while complying with the regulations of this law, and as a result, according to the rulings of competent courts, an innocent person or persons are injured or suffer financial damage, the payment of blood money (diya) and compensation for damages shall be the responsibility of the relevant organization, and the government is obliged to allocate a budget for this purpose every year and provide it to the armed forces as appropriate.
For example, if a suspect is targeted without causing harm to the officers, or during a personal dispute between an officer and an individual, uses weapons or the specified order for shooting is not observed; in this case, the officers or their commanders have committed a crime, and the military prosecutor has the authority to handle these matters.
Given the statements of the national Public Security Police command regarding the political nature of the suspects and its proof after the arrest, which was submitted to the prosecutor's office, the applicability of article 6 of the law on the use of weapons by armed forces personnel regarding the seizure of the vehicle was recognized, and the criminal responsibility of the commander and the soldier was discharged.
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