عنوان مقاله [English]
Creating an organization that is responsible for providing social security and defending the border and its continuity, is obvious. Therefore, each society, according to the different needs and cultural, economic and social conditions, has started to form a military and law enforcement organization with certain duties and missions, which are characterized by order, discipline, rule of law and observance of the command hierarchy. It is a principle that military commanders are held criminally responsible for failing to prevent violations of international humanitarian law by subordinate agents and for intentionally committing certain acts. For this reason, in international criminal jurisprudence, on the one hand, the existence of criminal responsibility for the type of command encouraging illegal actions of subordinates, as well as the mistake of simply not using deadly weapons by military commanders as a factor of exemption from criminal responsibility have been accepted. The present article is descriptive-analytical in nature and method, which is done using a library study method in which various aspects related to the principles of criminal responsibility of superiors and inferiors in the field of border duties have been done. Because respect for the borders of countries is a concern that little violation of which is the subject of disciplinary and criminal responsibilities. Also, by linking the issues of responsibility with border or border missions, which in the position of protecting territorial integrity have a justifiable general rule in performing their duties, criminal responsibility can be found to be so small and limited by combining with the conditions of this responsibility. Departing from borders and border duties is a factor for including the criminal responsibility of commanders and subordinates, and in this regard, the existence of a legal matter without the possibility of contradicting certain principles can be considered a factor for criminal responsibility of commanders and not subordinates.