Emmanuel Caliwan, J.D.

Independent Scholar, Law and Society, Researcher

Polytechnic University of the Philippines, Juris Doctor in Law, Graduate Student

University of the East, College of Law, Juris Doctor

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A Junior Legal Sociologist and a Legal Scholar currently engaged in Data Privacy and Data Protection practice. Also works in the field of Financial Crimes with emphasis on, Anti-Money Laundering, Anti-Fraud, Anti-Bribery, and Anti-Corruption.
A Parttime Instructor at the Department of Sociology and Anthropology of the Polytechnic University of the Philippines (currently on-leave)
Took-up a Bachelor of Science degree in Sociology with a minor in Anthropology from the Polytechnic University of the Philippines. Later on, took a Juris Doctor Degree in Law at the University of the East-Manila. Recently finished a Certificate Course in International Human Rights Law at the Florida State University as an International Bar Association (IBA) Scholar.
His research interest involves the study of Political Ponerology, Corruption, Privacy, Surveillance, Constitutional and International Law, as well as studies on “Contemporary” and Socio-Legal History.
Address: W211 Faculty Circle, Polytechnic University of the Philippines, Anonas st. Sta. Mesa Manila Philippines 1016

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Human Rights Law by Emmanuel Caliwan, J.D.

Command Responsibility Mode of Liability for the Crimes of Subordinates or Separate Offence of the Superior

The nature of command responsibility is still open to debate in international criminal law: is a ... more The nature of command responsibility is still open to debate in international criminal law: is a superior to be held criminally responsible for the crimes committed by his subordinates 'as an accomplice', for having participated in the commission of the crime by omission, or as a perpetrator of a separate offence of dereliction of duty? This article surveys the post-WW2 case law and the first international instruments on this point, and then analyses the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY). The judges appear to have recently adopted a new approach to Article 7(3) ICTYSt. in that the superior is held responsible 'for failure to prevent or punish with regard to the crimes of the subordinate' and no longer 'for the crimes of his subordinates'. It is a responsibility 'sui generis' indeed, where the crime of the subordinate plays a central role in the attribution of responsibility to the superior. It is, therefore, necessary to carefully consider the relationship between the superior's failure to act and the subordinate's crime, both with regard to objective and subjective elements. The same question finally arises in relation to Article 28 of the Rome Statute, the literal interpretation of which implies that a superior shall be punished for the same crime committed by his subordinates. In order to avoid the risk of holding a person guilty of an offence committed by others in violation of the principle of personal and culpable criminal responsibility, it is crucial to consider separately the different cases of command responsibility, which are based on distinct objective and subjective requirements.

Emmanuel Caliwan, J.D.

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Human Rights Law by Emmanuel Caliwan, J.D.

Data Protection & Privacy by Emmanuel Caliwan, J.D.

Law reviewer by Emmanuel Caliwan, J.D.

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