Command responsibility and the new configurations of armed conflicts

Abstract

Command responsibility is one of the most significant institutes of the International Law of Armed Conflicts. From the historical conceptual evolution, its slow jurisprudential and normative construction is commented. We then move on to the main objective of the essay: to analyze the duties imposed on military commanders, from an analytical perspective, so that their conduct – prior, concomitant and subsequent to military operations – can be considered aligned with the requirements of art. 28 – Rome Statute International Criminal. It advances and seeks to align this approach in the face of new paradigms of modern warfare, particularly in the urban warfare scenario. It concludes with a brief consideration of the doctrinal, academic, legal and operational portfolio available to the Brazilian Armed Forces.