Command Responsibility in Irregular Groups

摘要

This article considers the operation of command responsibility in irregular groups. It analyses the element of command responsibility relating to the obligation of a superior to take the necessary and reasonable measures to prevent crimes of subordinates and punish the perpetrators of those crimes. It focuses on two particular aspects. First, it explores the notion of a duty to take certain measures, in particular asking where that duty emanates from in the context of irregular groups. Second, it ascertains the content of the duty to take measures, considering measures that can be taken by superiors of irregular groups in view of the structure, operation, and workings of irregular groups.