The International Covenant on Civil and Political Rights (ICCPR), to which Zimbabwe is party, requires that states adopt measures, including through the legal system, to protect fundamental rights.17 According to the UN Human Rights Committee, the independent expert body that monitors compliance with the ICCPR, a state’s failure to investigate and bring perpetrators to justice, particularly with respect to crimes such as killings, torture and other ill-treatment, could in itself be a violation of the Covenant.18 Similarly, the African Charter on Human and Peoples’ Rights places obligations on states to ensure protection of charter rights, and for individuals to have rights violations against them heard by competent national institutions.19 Various international standards also seek to promote state efforts to obtain justice for victims. For instance, the Principles on the Effective Prevention and Investigation of Extralegal, Arbitrary and Summary Executions call upon states to remove officials implicated in such crimes from direct or indirect power over the complainants and witnesses, as well as those conducting the investigation.20 The UN Declaration against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides that the competent authorities impartially investigate allegations of torture even if there has been no formal complaint, and to institute criminal proceedings if torture appears to have been committed.21 Combating impunity requires the identification of the specific perpetrators of the violations. The doctrine of superior or command responsibility imposes liability on superiors—with either de jure or de facto command—for the unlawful acts of their subordinates, where the superior knew or had reason to know of the unlawful acts, and failed to prevent or punish those acts.22 17 ICCPR, article 2(2) & (3). 18 Human Rights Committee, General Comment No. 31, Nature of the General Legal Obligation Imposed on States under the Covenant, CCPR/C/21/Rev.1/Add.13, May 26, 2004, articles 15 & 18. 19 African Charter, articles 1 & 7. 20 Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions: Recommended by Economic and Social Council resolution 1989/65 of 24 May 1989, http://www2.ohchr.org/english/law/executions.htm (accessed January 4, 2011), principle 15. 21 Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. res. 3452 (XXX), annex, 30 U.N. GAOR Supp. (No. 34) at 91, U.N. Doc. A/10034 (1975), articles 9 & 10.. 22 See Prosecutor v. Delalic, International Criminal Tribunal for the former Yugoslavia (ICTY), Case No. IT-96-21-T, November 16, 1998, para. 346 (Celebici). In Celebici, the Trial Chamber of the ICTY traced the development of the concept of superior responsibility from its first international judicial recognition in the Nuremberg and Tokyo trials of World War II. The Trial Chamber broke down the principal of superior responsibility into three essential elements: (i) the existence of a superior-subordinate relationship; (ii) the superior knew or had reason to know that the criminal act was about to be or had been committed; and (iii) the superior failed to take the necessary and reasonable measures to prevent the criminal act or punish the perpetrator thereof. See also Rome Statute of the International Criminal Court, 2187 U.N.T.S. 90, entered into force July 1, 2002, article 28. Perpetual Fear 22