Definition
Command responsibility
In international criminal law, command responsibility allows for commanders to be held liable for crimes (e.g. war crimes) committed by their subordinates.
Show MoreIn April 2011, ECCHR submitted an amicus curiae brief in the criminal investigation in Jujuy, Argentina, examining sugar company Ledesma’s liability for human rights violations during the Argentine military dictatorship. The submission also points out that the Argentine judiciary has a responsibility to investigate and prosecute for human rights violations committed by corporate actors during the dictatorship.
The summons related in particular to the head of Ledesma, Pedro Blaquier’s, and former manager Alberto Lemos's suspected involvement in the false imprisonment of victims of the so-called “night of the blackout” in July 1976. On this night approximately 400 people, most of whom were trade unionists and employees of Ledesma, were kidnapped by members of the military. Some of the trucks used in the operation bore the company’s logo.
55 people are still missing. A raid of the company in late April revealed, among other things, intelligence reports compiled for Ledesma on trade unionists who subsequently disappeared. These included reports on former union leader Jorge Osvaldo Weisz, who was detained and disappeared in 1974. These documents represent important evidence for establishing the criminal liability of the company for crimes against humanity.
In spring of 2012, the Federal Court in Jujuy summoned the pair for questioning. On 13 March 2015, ECCHR presented a request to the Argentine Supreme Court in the Ledesma case to be incorporated in the court’s register, with a view to potentially intervening as an amicus curiae at a later stage of the proceedings. The reason for filing this request was the 13 March 2015 decision by the Federal Criminal Cassation Chamber (Cámara Federal de la Casación Penal) in the Ledesma case, reversing the confirmation of the indictment of the two accused, Lemos and Blaquier.
In international criminal law, command responsibility allows for commanders to be held liable for crimes (e.g. war crimes) committed by their subordinates.
Show MoreCrimes against humanity are grave violations of international law carried out against a civilian population in a systematic or widespread way.
Show MoreIn international criminal law, command responsibility allows for commanders to be held liable for crimes (e.g. war crimes) committed by their subordinates.
Show MoreBetween 1976 and 1983, the military dictatorship in Argentina kidnapped, tortured and killed thousands of people. In the early 2000s, many direct perpetrators and high-ranking officials were brought before courts. However, many dictatorship crimes remain unresolved today, especially with respect to cases of corporate involvement in crimes of the military dictatorship.
Show MoreBoth in economic and legal terms, transnational corporations are the winners of the globalized economy. They are often caught up in a borad range of human rights violations, but the people running the firms are only rarely called before the courts, and even more rarely convicted for their wrongdoing.
Show MoreBetween 1976 and 1983, the military dictatorship in Argentina kidnapped, tortured and killed thousands of people. In the early 2000s, many direct perpetrators and high-ranking officials were brought before courts. However, many dictatorship crimes remain unresolved today, especially with respect to cases of corporate involvement in crimes of the military dictatorship.
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