Command responsibility  

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-'''''Mens rea''''' is [[Latin]] for '''"guilty mind"'''. In [[criminal law]], it is viewed as one of the necessary [[Element (criminal law)|elements]] of a [[crime]]. The standard [[common law]] test of criminal [[legal liability|liability]] is usually expressed in the [[Latin]] phrase, ''actus non facit reum nisi mens sit rea'', which means "the act does not make a person guilty unless the mind be also guilty". Thus, in [[jurisdiction]]s with [[due process]], there must be an ''[[actus reus]]'' accompanied by some level of ''mens rea'' to constitute the crime with which the defendant is charged (see the technical requirement of [[concurrence]]). As a general rule, criminal liability does not attach to a person who acted with the absence of mental fault. The exception is [[strict liability (criminal)|strict liability]] crimes.  
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-In civil law, it is usually not necessary to prove a [[consciousness|subjective]] mental element to establish liability for breach of [[contract]] or [[tort]], for example. However, if a tort is intentionally committed or a contract is intentionally breached, such intent may increase the [[proximate cause|scope of liability]] as well as the measure of [[damages]] payable to the [[plaintiff]]. 
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-Therefore, ''mens rea'' refers to the mental element of the offence that accompanies the ''actus reus''. In some jurisdictions, the terms ''mens rea'' and ''actus reus'' have been replaced by alternative terminology. In [[Australia]], for example, the elements of the federal offences are now designated as "fault elements" (''mens rea'') and "physical element" (''actus reus''). This terminology was adopted to replace the obscurity of the Latin terms with simple and accurate phrasing. 
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-== See also == 
-* [[Animus nocendi]] 
-* [[Command responsibility]] 
-* [[Henry de Bracton]] 
-* ''[[Morissette v. United States]]'' 
-* [[Voluntas necandi]] 
 +'''Command responsibility''', sometimes referred to as the '''Yamashita standard''' or the '''Medina standard''', and also known as '''superior responsibility''', is the doctrine of hierarchical accountability in cases of [[war crimes]].
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Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the doctrine of hierarchical accountability in cases of war crimes.



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