The relationship between state and individual responsibility for international crimes / by Beatrice I. Bonafe.

Format:

Book

Author/Creator:

Bonafè, Beatrice I.

Series:

Nijhoff eBook titles 2009

Language:

English

Subjects (All):

Criminal liability (International law).

International crimes.

Government liability.

Administrative responsibility.

Superior orders (Criminal law).

Physical Description:

1 online resource (296 p.)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, 2009.

Language Note:

English

Summary:

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:

The general framework of the relationship between state and individual responsibility for international crimes

Theoretical approaches to the relationship between state and individual responsibility for international crimes

The overlap of the material element : the seriousness requirement

The overlap of the psychological element : mens rea v. fault

Defences and circumstances precluding wrongfulness

Ascribing responsibility for collective crimes : modes of liability

Establishing state and individual responsibility for international crimes

Complementarity between state and individual responsibility for international crimes

Towards a dual responsibility paradigm?

Notes:

Description based upon print version of record.

Includes bibliographical references (p. [257]-272) and index.

ISBN:

1-282-40084-3

9786612400841

90-474-2677-0

OCLC:

644523098

Publisher Number:

10.1163/ej.9789004173316.i-284 DOI