Ending impunity : bringing superiors of private military and security company personnel to justice
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New Zealand yearbook of international law, Vol. 9, 2011, p. 121-159
This article argues that the doctrine of command responsibility, as set out in art. 28 of the Rome Statute, should be used to combat the current impunity of private military and security companies (PMSCs). The origins, form, rationales and development of the doctrine are discussed before art. 28 is explored in detail. The relationship between PMSCs and command responsibility is then examined with a focus on how art. 28 can be applied to the superiors of PMSC personnel from the contracting state or from within the PMSC itself.