Papers by Elies van Sliedregt
The Military Law and the Law of War Review
Modes of Liability in International Criminal Law
Handboek internationaal strafrecht - schets van het internationale en Europese strafrecht, 2008
Nederlands Juristenblad, 2005
Serious International Crimes, Human Rights, and Forced Migration, 2022
Breaking the Cycle of Mass Atrocities, 2019
Modes of Liability in International Criminal Law, 2019
Leiden Journal of International Law, 2020
Journal of International Criminal Justice, 2018
This is a repository copy of Criminalization of Crimes Against Humanity under National Law.
Journal of Conflict and Security Law, 2016
This article explores the attribution potential of command responsibility in the cyber realm. The... more This article explores the attribution potential of command responsibility in the cyber realm. The focus is on military commanders under whose command cyberattacks have been conducted that constitute or cause violations of international humanitarian law. While the law on command responsibility has seen some significant developments in the early case law of the International Criminal Tribunal for the former Yugoslavia, its application and practical effect has been quite limited. Prosecutors often opt to charge under other theories of liability, such as aiding and abetting and Joint Criminal Enterprise. Securing convictions under these liability theories is less onerous. Over the years, however, command responsibility has been broadened. The recent International Criminal Court ruling in Bemba can be regarded as another step in expanding the reach of command responsibility. Taking account of a more expansive concept of command responsibility, I discuss three scenarios of cyberwar crimes where the link between the commander and the crime differ in proximity. Command responsibility is most likely to trigger liability when cyber units are integrated into the army and are part of regular operations (scenario 1). Outsourcing cyber operations, however, can trigger liability, even when hackers remain anonymous (scenario 2). This would, however, require proof of link between a commander’s subordinates and (anonymous) hackers. When there is no such link there can be no command responsibility (scenario 3).
and it is a condition of accessing publications that users recognise and abide by the legal requi... more and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim.
Uploads
Papers by Elies van Sliedregt