[PDF] The Relationship Between State And Individual Responsibility For International Crimes eBook

Author : Béatrice I. Bonafè
Publisher : BRILL
Page : 297 pages
File Size : 44,3 MB
Release : 2009
Category : Law
ISBN : 9004173315

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This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.

Author : Thomas Weatherall
Publisher : BRILL
Page : 401 pages
File Size : 32,22 MB
Release : 2022-03-16
Category : Law
ISBN : 9004505377

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This book explores consequences arising in the field of State responsibility in relation to those arising for the individual in international criminal law, a relationship that broadly defines duality of responsibility in international law.

Author : Laura Ausserladscheider Jonas
Publisher : BRILL
Page : 256 pages
File Size : 41,24 MB
Release : 2021-12-28
Category : Law
ISBN : 900447093X

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Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.

Author : Ciara Damgaard
Publisher : Springer Science & Business Media
Page : 461 pages
File Size : 30,26 MB
Release : 2008-08-02
Category : Law
ISBN : 354078781X

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1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.

Author : E. van Sliedregt
Publisher : Oxford University Press
Page : 370 pages
File Size : 46,17 MB
Release : 2012-03
Category : History
ISBN : 0199560366

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Atrocities such as genocide or crimes against humanity are usually committed by a large number of perpetrators. Moreover, those who masterminded the crimes may not have actively participated. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.

Author : Lyal S. Sunga
Publisher : BRILL
Page : 252 pages
File Size : 50,67 MB
Release : 2021-09-27
Category : Law
ISBN : 9004479848

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What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
Page : 300 pages
File Size : 24,57 MB
Release : 2012-11-19
Category : Law
ISBN : 829308135X

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'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.

Author : Ottavio Quirico
Publisher : Routledge
Page : 336 pages
File Size : 41,84 MB
Release : 2019-02-12
Category : Law
ISBN : 135159754X

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In the course of the 20th and 21st centuries, major offences committed by individuals have been subject to progressive systematisation in the framework of international criminal law. Proposals developed within the context of the League of Nations coordinated individual liability and State responsibility. By contrast, international law as codified after World War II in the framework of the United Nations embodies a neat divide between individual criminal liability and State aggravated responsibility. However, conduct of State organs and agents generates dual liability. Through a critical analysis of key international rules, the book assesses whether the divisive approach to individual and State responsibility is normatively consistent. Contemporary situations, such as the humanitarian crises in Syria and Libya, 9/11 and the Iraq wars demonstrate that the matter still gives rise to controversy: a set of systemic problems emerge. The research focuses on the substantive elements of major offences, notably agression, genocide, core war crimes, core crimes against humanity and terrorism, as well as relevant procedural implications. The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in international law and politics.

Author : Narissa Kashvi Ramsundar
Publisher :
Page : 0 pages
File Size : 48,51 MB
Release : 2020
Category : Government liability (International law).
ISBN : 9789004408432

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State Responsibility for the Support of Armed Groups in the Commission of International Crimes makes a case for the liberalisation of the tests of attribution of conduct of individuals to states under the rules of state responsibility in international law.

Author : Nina H. B. Jørgensen
Publisher :
Page : 368 pages
File Size : 26,6 MB
Release : 2000
Category : Law
ISBN :

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This book focuses on the concept of state responsibility for international crimes, which gained support following the First World War, but was pushed into the background by the development of the principle of individual criminal responsibility under international law after the Second World War. Jorgensen considers the history and merits of a concept that, it is argued, is currently on the threshold between lex ferenda and lex lata.