CYIL vol. 13 (2022)

FRANTIŠEK TÓTH CYIL 13 ȍ2022Ȏ that there are international criminal mechanisms that could provide possible solutions. Although some authors, such as Hin-Yan Liu argue that applying this doctrine to PMSCs is inappropriate because it creates “passive impunity”, one has to bear in mind that provisions of Article 28 of the Rome Statute establish responsibility not only for military commanders but also for civilian superiors. As a result, based on the arguments elaborated in this article, the application of Article 28 of the Rome Statute does seem useful in order to address the problem of impunity. 104 In addition, as Kate Neilson 105 argues, if the impunity of PMSCs will not be addressed, then even international criminal law can lose much of its legitimacy. Finally, for a commander to not be willfully blind in regard to their subordinates, the international community, and especially international criminal lawyers and practitioners have to ‘keep an eye’ on commanders and superiors.

104 NEILSON, note 4, p. 157. 105 Ibid., p. 157.

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