Command Responsibility in the Twenty-First Century: The United States Basic Framework and Future Military (and Quasi-Military) Operations

Authors

Joshua E. Kastenberg, University of New Mexico - School of LawFollow

Document Type

Article

Publication Date

7-1-2017

Abstract

The article analyzes the constitutional basis of command responsibility as well as how this responsibility has been shaped by the Judicial Branch and Congress. It also briefly discusses the application of international law and human rights norms in the context of two models of future operations and the corresponding potential for command liability, beginning with the Commander in Chief. This article focuses on two principle areas of consideration. The first involves the use of non-military personnel who assist or take part in quasi-military roles. An increasing concern arises from questions over the extent of responsibility of United States command authorities over foreign, and particularly indigenous, forces. The second involves the targeting of an opponent’s warfighting capabilities in future conflicts through highly technical means without a full knowledge of the transit path to target.

Publication Title

Southwestern Law Review

Volume

46

Issue

3

First Page

379

Last Page

400

Recommended Citation

Joshua E. Kastenberg, Command Responsibility in the Twenty-First Century: The United States Basic Framework and Future Military (and Quasi-Military) Operations, 46 Southwestern Law Review 379 (2017).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/440

Comments

Symposium: Modern Implications of the Laws of War