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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.

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Southwestern Law Review



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