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Individual Responsibility in International Law for Serious Human Rights Violations

Individual Responsibility in International Law for Serious Human Rights Violations
Author: Lyal S. Sunga
Publisher: BRILL
Total Pages: 252
Release: 2021-09-27
Genre: Law
ISBN: 9004479848

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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 Responsibility to Protect

The Responsibility to Protect
Author: International Commission on Intervention and State Sovereignty
Publisher: IDRC
Total Pages: 432
Release: 2001
Genre: Law
ISBN: 9780889369634

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Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty


Beyond Human Rights

Beyond Human Rights
Author: Anne Peters
Publisher: Cambridge University Press
Total Pages: 645
Release: 2016-10-27
Genre: Law
ISBN: 1107164303

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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.


The Relationship Between State and Individual Responsibility for International Crimes

The Relationship Between State and Individual Responsibility for International Crimes
Author: Béatrice I. Bonafè
Publisher: BRILL
Total Pages: 297
Release: 2009
Genre: Law
ISBN: 9004173315

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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

Duality of Responsibility in International Law
Author: Thomas Weatherall
Publisher: BRILL
Total Pages: 401
Release: 2022-03-16
Genre: Law
ISBN: 9004505377

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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.


Individual Criminal Responsibility in International Law

Individual Criminal Responsibility in International Law
Author: E. van Sliedregt
Publisher: Oxford University Press
Total Pages: 370
Release: 2012-03
Genre: History
ISBN: 0199560366

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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.


Forms of Responsibility in International Criminal Law

Forms of Responsibility in International Criminal Law
Author: Gideon Boas
Publisher: Cambridge University Press
Total Pages: 463
Release: 2007
Genre: Crimes against humanity
ISBN: 0521878314

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Publisher Description


The Law of International Responsibility

The Law of International Responsibility
Author: James Crawford
Publisher: Oxford University Press
Total Pages: 1364
Release: 2010-05-20
Genre: Law
ISBN: 0199296979

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The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.


The Criminal Responsibility of Individuals for Violations of International Humanitarian Law

The Criminal Responsibility of Individuals for Violations of International Humanitarian Law
Author: E. van Sliedregt
Publisher: T.M.C. Asser Press
Total Pages: 438
Release: 2003-11-15
Genre: Law
ISBN: 9789067041669

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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 for Core International Crimes

Individual Criminal Responsibility for Core International Crimes
Author: Ciara Damgaard
Publisher: Springer Science & Business Media
Total Pages: 461
Release: 2008-08-02
Genre: Law
ISBN: 354078781X

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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.