Individual Responsibility In International Law For Serious Human Rights Violations
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Individual Responsibility In International Law For Serious Human Rights Violations
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Author : Lyal S. Sunga
language : en
Publisher: BRILL
Release Date : 2021-09-27
Individual Responsibility In International Law For Serious Human Rights Violations written by Lyal S. Sunga and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
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.
The Relationship Between State And Individual Responsibility For International Crimes
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Author : Béatrice I. Bonafè
language : en
Publisher: BRILL
Release Date : 2009
The Relationship Between State And Individual Responsibility For International Crimes written by Béatrice I. Bonafè and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
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.
Duality Of Responsibility In International Law
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Author : Thomas Weatherall
language : en
Publisher: BRILL
Release Date : 2022-03-16
Duality Of Responsibility In International Law written by Thomas Weatherall and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-16 with Law categories.
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.
Beyond Human Rights
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Author : Anne Peters
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-27
Beyond Human Rights written by Anne Peters and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-27 with Law categories.
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Accountability For Human Rights Atrocities In International Law
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Author : Steven R. Ratner
language : en
Publisher: Oxford University Press, USA
Release Date : 2001
Accountability For Human Rights Atrocities In International Law written by Steven R. Ratner and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with History categories.
The fall of dictatorial regimes and the eruption of civil conflicts around the world have resulted in individuals being held accountable for human rights atrocities. This text details the promise and limitations of international law as a means of enforcing human rights and humanitarian law.
The Criminal Responsibility Of Individuals For Violations Of International Humanitarian Law
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Author : E. van Sliedregt
language : en
Publisher: T.M.C. Asser Press
Release Date : 2003
The Criminal Responsibility Of Individuals For Violations Of International Humanitarian Law written by E. van Sliedregt and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
In this book, Elies van Sliedregt examines the concept of individual criminal responsibility for violations of international humanitarian law, including genocide, crimes against humanity and war crimes. Such crimes are very rarely committed by single individuals, but mostly by organizations or groups of cooperating persons. For a just determination of their guilt and responsibility, a fair assessment of the mutual relationships and cooperation forms of those individuals is indispensable. This book provides the framework for that assessment. It gives guidance to practitioners and scholars on how to understand and to apply international criminal law concepts such as 'common purpose', 'superior responsibility', 'duress' and the 'defence of superior orders'. It does so by bringing to light the roots of those concepts, which are hidden not only in earlier phases of development of international criminal law, but also in the domestic laws of various states. Elies van Sliedregt has received the Modderman Prize for criminal law 2006 for her dissertation The Criminal Responsibility of Individuals for Violations of International Humanitarian Law. This prestigious biennial prize is awarded by the Modderman foundation.
Individual Criminal Responsibility In International Law
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Author : Elies van Sliedregt
language : en
Publisher: OUP Oxford
Release Date : 2012-03-01
Individual Criminal Responsibility In International Law written by Elies van Sliedregt and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-01 with Law categories.
This book examines the concept of individual criminal responsibility for serious violations of international law, i.e. aggression, genocide, crimes against humanity and war crimes. Such crimes are rarely committed by single individuals. Rather, international crimes generally connote a plurality of offenders, particularly in the execution of the crimes, which are often orchestrated and masterminded by individuals behind the scene of the crimes who can be termed 'intellectual perpetrators'. For a determination of individual guilt and responsibility, a fair assessment of the mutual relationships between those persons is indispensable. By setting out how to understand and apply concepts such as joint criminal enterprise, superior responsibility, duress, and the defence of superior orders, this work provides a framework for that assessment. It does so by bringing to light the roots of these concepts, which lie not merely in earlier phases of development of international criminal law but also in domestic law and legal doctrine. The book also critically reflects on how criminal responsibility has been developed in the case law of international criminal tribunals and courts. It thus illuminates and analyses the rules on individual responsibility in international law.
The Criminal Responsibility Of Individuals For Violations Of International Humanitarian Law
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Author : E. van Sliedregt
language : en
Publisher: T.M.C. Asser Press
Release Date : 2003-11-15
The Criminal Responsibility Of Individuals For Violations Of International Humanitarian Law written by E. van Sliedregt and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-11-15 with Law categories.
In this book, Elies van Sliedregt examines the concept of individual criminal responsibility for violations of international humanitarian law, including genocide, crimes against humanity and war crimes. Such crimes are very rarely committed by single individuals, but mostly by organizations or groups of cooperating persons. For a just determination of their guilt and responsibility, a fair assessment of the mutual relationships and cooperation forms of those individuals is indispensable. This book provides the framework for that assessment. It gives guidance to practitioners and scholars on how to understand and to apply international criminal law concepts such as 'common purpose', 'superior responsibility', 'duress' and the 'defence of superior orders'. It does so by bringing to light the roots of those concepts, which are hidden not only in earlier phases of development of international criminal law, but also in the domestic laws of various states. Elies van Sliedregt has received the Modderman Prize for criminal law 2006 for her dissertation The Criminal Responsibility of Individuals for Violations of International Humanitarian Law. This prestigious biennial prize is awarded by the Modderman foundation.
Collective Responsibility And Accountability Under International Law
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Author : Shane Darcy
language : en
Publisher: BRILL
Release Date : 2007-03-30
Collective Responsibility And Accountability Under International Law written by Shane Darcy and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-30 with Law categories.
Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that the extent of the potential liability of individuals for the acts of others is clarified and held up to rigorous scrutiny. It is of equal importance that there is a clear understanding of whether the means of responding to ongoing violations of international humanitarian law can include measures based on collective responsibility. Global events have created an impetus for the parameters of responsibility to be clearly defined. The rise of non-State actors within the international legal regime raises complex questions surrounding their status, power and the means for holding them accountable.
Accountability For Human Rights Atrocities In International Law
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Author : Steven R. Ratner
language : en
Publisher: Oxford University Press
Release Date : 2009
Accountability For Human Rights Atrocities In International Law written by Steven R. Ratner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with History categories.
This book explores the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. It analyses the principal crimes, such as genocide and crimes against humanity, and appraises the mechanisms developed to bring individuals to justice.