ELEMENT 1 Continued EXAMPLE: Islamic State of Iraq and Syria (ISIS) FILMING Now let’s look at a contrasting example. In 2014, ISIS claimed an Islamic State stretching from northwestern Syria to northeastern Iraq. However, the international community does not officially recognize the declared Islamic State, nor does it recognize any formal powers of ISIS’s leadership. Instead, the world largely considers the leaders of ISIS to be terrorists wanted for war crimes and crimes against humanity. While little is publicly known about ISIS’ command structure, as of 2015 a man named Abu Bakr al-Baghdadi was thought to wield absolute power over ISIS forces on the ground. This actual power is enough that someday — despite the lack of official papers giving al-Baghdadi “official” authority — alBaghdadi could be held accountable for a litany of crimes. TAKE HOME POINTS For a remote commander to be held accountable for the actions of others, a lawyer must prove that this person was actually in charge and had effective command and control over them. This is logical. Here is an everyday example: If you are a teacher and have a classroom of seven-year olds, you are accountable to the school, the children and the parents for what happens in your classroom. You are not accountable for what happens in the classroom of 10-years olds taught by another teacher located down the hall. Just like you should not be held responsible for something you have no control over, a remote commander cannot be held responsible for the actions of troops he or she does not have control over. TEST YOUR SKILLS If applicable in your situation, consider how you could use video to prove “effective command and control”. Make a list. 121 VIDEO AS EVIDENCE: PROVING RESPONSIBILITY V 1.0