Command responsibility in the times of Tokhang: Defining military-likeness under Article 28(a) of the Rome statute

Pangalangan, Raphael Lorenzo A. (2022) Command responsibility in the times of Tokhang: Defining military-likeness under Article 28(a) of the Rome statute. Asian Journal of International Law, 12 (2). pp. 267-291. ISSN 20442513

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Abstract

President Rodrigo Duterte won on a law-and-order campaign promise to fatten the fish in Manila Bay with the corpses of criminals. By the time the Philippines withdrew from the Rome Statute, the body count stood at a reported 30,000, a fifth of whom were openly killed in Philippine National Police (PNP) anti-drug operations. Duterte has since been accused of Crimes Against Humanity, inter alia, as “a person effectively acting as a military commander” under Article 28(a) of the Rome Statute for failing to prevent, repress, and report the crimes of his police subordinates. This study tests the veracity of that claim. It seeks to determine whether Duterte, as the Chief Executive and overall superior of the PNP – statutorily, a civilian group – may be held liable as a military-like commander under the doctrine of command responsibility. At the core of this query lies a singular concern far from simple: the meaning of military-likeness.

Item Type: Article
Keywords: Drug war | Police violence | Command responsibility | Rome statute | Individual criminal | Liability
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 16 Feb 2022 09:19
Last Modified: 22 Feb 2023 06:40
Official URL: https://doi.org/10.1017/S2044251321000618
URI: https://pure.jgu.edu.in/id/eprint/1305

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