Tirtayasa Journal of International Law
Vol 5, No 1 (2026): Tirtayasa Journal of International Law Vol. 5 No. 1 June 2026

Antimicrobial Resistance and Criminal Liability: Negligence Recklessness, and Comparative Legal Responses in the EU and United States

Rizaldy Anggriawan (1. University of Szeged 2. Universitas Muhammadiyah Yogyakarta)



Article Info

Publish Date
01 Jun 2026

Abstract

The emergence of Antimicrobial Resistance (AMR) is now recognized as a catastrophic global public health threat to all of humanity; primarily as a result of the unregulated use of antibiotics below treatment levels in industrial livestock production. This research analyzes the ability of criminal law to prevent or mitigate AMR that develops from agricultural practices. The study utilizes a comparative analysis of the EU and U.S. regulatory and penal systems to assess whether farm owners or corporations could be subjected to prosecution based upon the criminal offences of negligence, recklessness, or corporate liability for public endangerment. The research reveals that the antibiotic misuse in livestock production has been addressed almost exclusively through administrative enforcement mechanisms with criminal prosecution remaining virtually non-existent in both the EU and U.S. legal systems. However, the overwhelming scientific agreement that there is a correlation between livestock antibiotics and the development of antibiotic-resistant infections in humans affords a basis for establishing the legal foreseeability of future harm. While proving factual causation will be complicated due to the diffuse nature of AMR, the existence of statutes that find individuals and corporations liable for risking catastrophe creates an opening for an expanded view of criminal responsibility for egregious misuse of antibiotics.

Copyrights © 2026






Journal Info

Abbrev

tirtayasatjil

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Tirtayasa Journal of International Law (TJIL) is a national peer-reviewed journal particularly in the field of International Law. TJIL aims to publish high quality articles from academics, legal scholars, or practitioners at any level. TJIL creates a forum to exchange new ideas in International Law ...