Full Description
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.
Contents
LIST OF ABBREVIATIONS; ACKNOWLEDGMENTS; INTRODUCTION
PART I. GENERAL APPROACHES TO THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES
1. THE GENERAL FRAMEWORK OF THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES
- Clarifying Some Basic Concepts
- The Overlap between State and Individual Responsibility for International Crimes
- The Relationship between State and Individual Responsibility for International Crimes in the Works of the ILC
- Historical Overview
2. THEORETICAL APPROACHES TO THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES
- Dual Responsibility for International Crimes
- Diverging Approaches to the Relationship between State and Individual Responsibility for International Crimes
- The Individual-Oriented and State-Oriented Conceptual Schemes
- Concluding Observations
PART II. THE OVERLAP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES IN INTERNATIONAL PRACTICE
3. THE OVERLAP OF THE MATERIAL ELEMENT: THE SERIOUSNESS REQUIREMENT
- Two Different Concepts of Seriousness
- Theoretical Approaches to the Seriousness Requirement
- The Seriousness Requirement as Applied in International Case Law
- Concluding Observations
4. THE OVERLAP OF THE PSYCHOLOGICAL ELEMENT: MENS REA V. FAULT
- The Psychological Element and State Responsibility
- Theoretical Approaches to the Psychological Element
- The Psychological Element as Applied in the International Case Law
- Concluding Observations
5. DEFENCES AND CIRCUMSTANCES PRECLUDING WRONGFULNESS
- Theoretical Approaches to the Relationship between Defences and Circumstances Precluding Wrongfulness
- Overlapping Defences and Circumstances Precluding Wrongfulness
- Circumstances Precluding Wrongfulness and International Criminal Law
- Concluding Observations
6. ASCRIBING RESPONSIBILITY FOR COLLECTIVE CRIMES: MODES OF LIABILITY
- Linking Individual Liability to Collective Criminal Conduct
- The Crime of Membership in a Criminal Organization
- Modes of Collective Liability under International Criminal Law
- Joint Criminal Enterprise and Mass Atrocities
- Modes of Collective Liability and State Responsibility
- Concluding Observations
7. ESTABLISHING STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES
- Issues of State Responsibility before International Criminal Tribunals
- Connections in the Establishment of State and of Individual Responsibility
- Establishing State and Individual Responsibility for Aggression
- Concluding Observations
PART III. THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES
8. COMPLEMENTARITY BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES
- The Relationship between State and Individual Responsibility according to International Practice
- A Functional Analysis of State and Individual Responsibility for International Crimes
- The Complementarity between State and Individual Responsibility for International Crimes
9. TOWARDS A DUAL RESPONSIBILITY PARADIGM?
- Theoretical Approaches and the Complementarity between State and Individual Responsibility for International Crimes
- The Theoretical Framework Explaining the Complementarity between State and Individual Responsibility for International Crimes
- Towards a Dual Responsibility Paradigm?
BIBLIOGRAPHY; LIST OF CASES; INDEX
