State Responsibility And The Individual
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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.
State Responsibility And The Individual
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Author : Albrecht Randelzhofer
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1999-03-11
State Responsibility And The Individual written by Albrecht Randelzhofer and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-03-11 with Law categories.
The book reviews the modern tendency to recognize individuals aggrieved by a (grave) violation of their rights as holders of claims to reparation directly under international law. Indeed, the European as well as the American Convention on Human Rights empower the relevant Courts to grant appropriate compensation to any person whose complaint is successful. Under general international law, however, this tendency still lacks solid foundations, although a draft declaration currently pending before the UN Human Rights Commission ('van Boven Principles') would confirm the individual's entitlement to reparation as a matter of international law. Likewise, some US Courts have already tried to entertain suits against foreign States in instances of egregious human rights violations. At first glance, to accept persons victims of grave violations as actors at the level of international law seems to be a big step forward, strengthening significantly the regime of human rights. Yet care must be taken not to lose sight of the advantages of the traditional configuration according to which the State alone is entitled to assert reparation claims in cases where its nationals have suffered injury at the hands of another State. In particular, the consequences of developments of catastrophic dimensions like wars cannot be sensibly settled in the same way as any other tort claim. At the inter-State level, in particular, globalization of reparation is indispensable. To apply the simple maxim that all the consequences of an internationally wrongful act must be wiped out would in many instances be tantamount to negating the possibility ever to make a fresh start after a devastating international conflict.
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.
State Responsibility And The Individual
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Author : Albrecht Randelzhofer
language : en
Publisher: BRILL
Release Date : 2023-11-27
State Responsibility And The Individual written by Albrecht Randelzhofer and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-27 with Law categories.
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.
Individual Criminal Responsibility In International Law
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Author : E. van Sliedregt
language : en
Publisher: Oxford University Press
Release Date : 2012-03
Individual Criminal Responsibility In International Law written by E. van Sliedregt 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 2012-03 with History categories.
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.
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.
State Responsibility In The International Legal Order
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Author : Katja Creutz
language : en
Publisher: Cambridge University Press
Release Date : 2020-09-24
State Responsibility In The International Legal Order written by Katja Creutz 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 2020-09-24 with Law categories.
The book analyzes State responsibility in international law from a holistic and critical perspective.
Individual Criminal Responsibility For Core International Crimes
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Author : Ciara Damgaard
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-08-02
Individual Criminal Responsibility For Core International Crimes written by Ciara Damgaard and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-08-02 with Law categories.
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.
State Responsibility And The Individual
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Author : Kalliopi Koufa
language : en
Publisher:
Release Date : 2006
State Responsibility And The Individual written by Kalliopi Koufa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Administrative responsibility categories.