Command Responsibility for Crimes Committed by Private Military and Security Companies

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F61989592%3A15220%2F22%3A73619747" target="_blank" >RIV/61989592:15220/22:73619747 - isvavai.cz</a>

Result on the web

<a href="https://rozkotova.cld.bz/CYIL-vol-13-2022/206/" target="_blank" >https://rozkotova.cld.bz/CYIL-vol-13-2022/206/</a>

DOI - Digital Object Identifier

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Result language

angličtina

Original language name

Command Responsibility for Crimes Committed by Private Military and Security Companies

Original language description

The present article analyzes the applicability of the doctrine of command (or superior) responsibility for crimes committed by the employees of private military andsecurity companies (PMSC) subordinated to military commanders or civilian senior officials responsible for company management. Employees of PMSC also commit crimesunder international law but unlike soldiers within the armed forces, the system of order and obedience in many cases presumably does not exists. However, if the internationalcommunity wants to prevent impunity for crimes committed by private contractors, all possible options on how to bring the perpetrators of these crimes to justice must be analyzed.A way to prevent impunity for such crimes could be the application of the doctrine of command or superior responsibility. According to this doctrine, stipulated in Article 28of the Rome Statute, the liability of a military commander or civilian superior is extended namely for their failure to prevent, repress, or report the crimes of persons subordinatedto them. If this doctrine could be interpreted with flexibility, it could apply to the crimes committed by PMSC employees or lower-ranking civilian officials. Military commanders orsenior civilian officers could be held responsible for the actions of persons subordinated to them especially due to the failure to prevent such violations of international law. As a result,international criminal law could serve effectively to end impunity for the conduct of PMSC.Nevertheless, such an approach requires a thorough analysis.

Czech name

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Czech description

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Type

J_SC - Article in a specialist periodical, which is included in the SCOPUS database

CEP classification

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OECD FORD branch

50501 - Law

Project

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Continuities

S - Specificky vyzkum na vysokych skolach

Publication year

2022

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Name of the periodical

Czech Yearbook of Public and Private International Law

ISSN

1805-0565

e-ISSN

1805-0999

Volume of the periodical

2022

Issue of the periodical within the volume

13

Country of publishing house

CZ - CZECH REPUBLIC

Number of pages

16

Pages from-to

207-222

UT code for WoS article

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EID of the result in the Scopus database

2-s2.0-85168485754