In international criminal law, the principle of command responsibility allows for commanders to be held criminally liable for crimes committed by their subordinates. This will apply if the commander was in a position to prevent crimes committed by forces under their effective control and knew or should have known that the crime would be committed.
Military dictatorship
In 2011, ECCHR submitted an amicus curiae brief in the criminal investigation examining sugar company Ledesma’s liability for human rights violations during the Argentine military dictatorship.
Arab Spring
ECCHR sent an advisory opinion to the Bahrain Independent Commission of Inquiry. The statement seeks to draw the commission’s attention to the cases of two persons who suffered severe injuries when they were shot at by Bahraini security forces before being forcibly removed from hospital, imprisoned, and abused.
Torture
Bahrain-born British citizen Jaafar al-Hasabi submitted a criminal complaint in Dublin against Bahraini Attorney General Ali Bin al-Buainain. Al-Hasabi was detained and tortured in Bahrain in 2010. Since then, he tries to bring those responsible to court.
Armed conflict
The Higher Regional Court in Stuttgart handed down convictions in the trial of two Rwandan leaders of the Hutu militia group FDLR, Ignace Murwanashyaka and Straton Musoni. The FDLR are alleged to have utilized sexualized violence against the Congolese civilian population and to have in numerous cases plundered, killed and inflicted grievous bodily injuries.
Peace process
ECCHR criticizes the passing of a new law in context of peace negotiations with Colombian FARC. The law contains gaps, including those regarding military commanders’ effective control over their subordinate units.
