نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Command responsibility in international criminal law, with its structural and conceptual complexities, has always posed numerous challenges in attributing responsibility to informal and non-state actors. This article, aiming to analyze and reinterpret this responsibility within the framework of the Wagner Group, one of the most prominent state-affiliated paramilitary organizations, in the context of the Ukraine war, conducts a comparative examination of the command responsibility doctrine. Through a comparative-interpretive analysis method, this research seeks to answer the fundamental question of whether command responsibility can be attributed in situations where commanders of informal groups, such as Wagner, exercise control over operations through informal power structures and personal influence. Drawing on field evidence and legal documentation, the study analyzes key concepts such as "effective control," "implied knowledge," and "failure to act" within the context of non-state structures, thereby reinterpreting the command responsibility doctrine in the context of asymmetrical warfare and paramilitary groups. The innovation of this research lies in adapting the concepts of the doctrine to the concrete realities of the Ukraine war and offering suggestions to strengthen the International Criminal Court's approach to command responsibility in non-state structures. In conclusion, the article emphasizes the need for a transformation in the concepts of command responsibility and the adoption of new standards in international criminal law to effectively address the complex challenges posed by the increasing presence of non-state actors in contemporary conflicts.
کلیدواژهها English