In this original scientific work, an analysis of international criminal law provisions on command responsibility and criminal cases in the analysis of international jurisprudence. Also, the author emphasizes the relationship between the three basic principles (national and international) criminal law: (1) The principle of establishing guilt; (2) The principle of individual subjective liability; (3) The principle of the right to a fair trial. Based on the results was the analysis and research, the author suggests changes to the legal text of Article 28 of the Rome Statute (Responsibility of commanders and other military commanders) and Article 7, Paragraph 3-4 of the Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the former Yugoslavia since 1991 year. Said amendments would be resolved the contradictions between Article 25 and Article 28 of the Rome Statute.