2009•Unpublished venueRequires access

Chapter 1. The General Framework Of The Relationship Between State And Individual Responsibility For International Crimes

I. Bonafè

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Abstract

This chapter examines the relationship between aggravated state responsibility and individual criminal liability for international crimes. The use of the expression 'international crimes', referring to both state and individual responsibility, may need some preliminary clarification. First, international crimes is a very short and clear expression that is employed to refer to those very serious breaches of customary international law rules entailing both state responsibility and individual criminal liability. Second, only international crimes prohibited under customary international law is taken into account. Finally, the chapter concentrates on the particular consequences that the international legal order attaches to the commission of international crimes either by states or by individuals.

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This chapter examines the relationship between aggravated state responsibility and individual criminal liability for international crimes. The use of the expression 'international crimes', referring to both state and individual responsibility, may need some preliminary clarification. First, international crimes is a very short and clear expression that is employed to refer to those very serious breaches of customary international law rules entailing both state responsibility and individual criminal liability. Second, only international crimes prohibited under customary international law is taken into account. Finally, the chapter concentrates on the particular consequences that the international legal order attaches to the commission of international crimes either by states or by individuals.

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Available abstract

This chapter examines the relationship between aggravated state responsibility and individual criminal liability for international crimes. The use of the expression 'international crimes', referring to both state and individual responsibility, may need some preliminary clarification. First, international crimes is a very short and clear expression that is employed to refer to those very serious breaches of customary international law rules entailing both state responsibility and individual criminal liability. Second, only international crimes prohibited under customary international law is taken into account. Finally, the chapter concentrates on the particular consequences that the international legal order attaches to the commission of international crimes either by states or by individuals.

Key concepts: State responsibility, International law, Criminal liability, State (computer science), Political science, Law, Commission, Criminal responsibility

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