Ending Impunity: Bringing Superiors of Private Military and Security Company Personnel to Justice

Abstract

This paper 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.