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Journal articles on the topic 'International individual criminal responsibility'

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Published: 4 June 2021

Last updated: 11 February 2022

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1

Goy, Barbara. "Individual Criminal Responsibility before the International Criminal Court." International Criminal Law Review 12, no. 1 (2012): 1–70. http://dx.doi.org/10.1163/157181212x616522.

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For more than 15 years the two ad hoc Tribunals, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have interpreted the requirements of different forms of individual criminal responsibility. It is thus helpful to look at whether and to what extent the jurisprudence of the ICTY/ICTR may provide guidance to the International Criminal Court (ICC). To this end, this article compares the requirements of individual criminal responsibility at the ICTY/ICTR and the ICC. The article concludes that, applied with caution, the j

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Jaffar, Mahmood Khalil. "Individual Criminal Responsibility for Violations of International Humanitarian Law during non-International Armed Conflict." Journal of University of Human Development 1, no. 3 (2015): 30. http://dx.doi.org/10.21928/juhd.v1n3y2015.pp30-47.

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At a time when non-international armed conflicts increase, the importance of studying the application of international humanitarian law in these disputes increases. Criminal responsibility and the consequent effects of violations of international humanitarian law are considered a way prescribed by the law to ensure respect in international armed conflicts and its applicability has been proven. Jurisprudence and judicial decisions issued by criminal courts confirm possibility of strengthening individual criminal responsibility for violations of international humanitarian law applicable in

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Rezaee, Hilda, and Sadegh Salimi. "The Overlap of International Responsibility of Individual and State for Genocide." Journal of Politics and Law 9, no. 1 (2016): 65. http://dx.doi.org/10.5539/jpl.v9n1p65.

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<p>This study examines the overlap ofinternational responsibility of individual and state for genocide. To describe this overlap, the material and psychological elements of genocide are discussed. International criminal law with the distinction between "ordinary state responsibility" and "aggravated state responsibility " drawing the latter offences beyond the State's international responsibility that is mainly focused on the principle of compensation and in which punitive sanctions are not relevant. The result of this change is the establishment of individual criminal responsibility, an

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4

Dinić, Slavica, and Emil Turković. "Command responsibility." Pravo - teorija i praksa 38, no. 1 (2021): 70–85. http://dx.doi.org/10.5937/ptp2101070d.

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As a part of the presentation in this paper, we will deal with one of a number of specific characteristics arisen while determining the criminal responsibility of perpetrators of international crimes, the one related to the institute of command responsibility, which are familiar with the statutes of both ad hoc tribunals (the Statute of the Tribunal in the Hague of 1993 and the International Criminal Tribunal for Rwanda of 1994), as well as the so - called the Rome Statute from 1998. In these statutes, it is set in such a way that, in one of its parts, it contradicts the basic criminal law ins

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Graditzky, Thomas. "Individual criminal responsibility for violations of international humanitarian law committed in non-international armed conflicts." International Review of the Red Cross 38, no. 322 (1998): 29–56. http://dx.doi.org/10.1017/s0020860400090756.

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Two prominent events that occurred midway through this century had a great impact on international criminal law. The first milestone in this area was the trials of the major war criminals held in Nuremberg and Tokyo in the wake of the Second World War. They highlighted the principle of individual criminal responsibility for certain serious violations of the rules of international law applicable in armed conflict; the terms “crimes against the peace”, “war crimes”, and “crimes against humanity” found formal recognition. The second event, following closely on the first, was the adoption of the f

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Gadirov, Javid. "Causal Responsibility in International Criminal Law." International Criminal Law Review 15, no. 5 (2015): 970–87. http://dx.doi.org/10.1163/15718123-01505006.

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This article clarifies the factual basis for attributing causal responsibility in interpersonal causation scenarios in international criminal law. Such content is obliterated when explaining causal contributions in overdetermined and indeterministic harm scenarios. The resulting gap between individual agency and causal attribution is explained away by reference to values underlying legal liability (‘causal minimalism’). Probabilistic causal models can express causal influences in interpersonal causation scenarios, and explicate the objective basis of causal attribution. International Criminal

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Khan, Asif, Shaukat Hussain Bhatti, and Abid Shah. "An overview on individual criminal liability for crime of aggression." Liberal Arts and Social Sciences International Journal (LASSIJ) 5, no. 1 (2021): 433–44. http://dx.doi.org/10.47264/idea.lassij/5.1.28.

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Over the last few years, international criminal law has included an internationally recognized definition of the crime of aggression. One may sight the respective portion from part two (jurisdiction, admissibility and applicable laws) article 08 of the respective document. The purpose of this research represents the historical background of individual criminal responsibility under international law and the concept of individual criminal accountability for the crimes falling under the ambit of international criminal law committed by persons. Whereas the idea of how an individual could be brough

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Chakhvadze, George. "The Interrelation between Sovereign Immunities and Individual Criminal Responsibility in International Criminal Law." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 1, no. 16 (2020): 42–48. http://dx.doi.org/10.25143/socr.16.2020.1.042-048.

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The paper is an opinion article which analyses the essence of the principle of individual criminal responsibility in international criminal law and its key elements. The main focus of this paper is to analyze key moments of the development of the principle of individual criminal responsibility in relation to sovereign immunities. It has been shown that the development of legal doctrine and especially judicial practice greatly contributed to the balance between state sovereignty or state interests and the right of individual criminal accountability. The abolition of sovereign immunities before

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Liakopoulos, Dimitris. "CRIMINAL LIABILITY AND COMPULSORY IN INTERNATIONAL CRIMINAL JUSTICE." Revista de Direito da Faculdade Guanambi 5, no. 02 (2019): 13–91. http://dx.doi.org/10.29293/rdfg.v5i02.216.

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The present study aims to explore the relationship of criminal liability and compulsory in international criminal justice according the founding of international individual criminal responsibility in relation on the Transnational Corporations. There are few cases in which an International Criminal Court has used previous international jurisprudence to establish a crime of conduct in international customary law, and in any case the importance of international judgments can not be underestimated as a general interpretative tool. The offer of incriminating solution that serves as an extrema ratio

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Ingadottir, Thordis. "The ICJ Armed Activity Case – Reflections on States' Obligation to Investigate and Prosecute Individuals for Serious Human Rights Violations and Grave Breaches of the Geneva Conventions." Nordic Journal of International Law 78, no. 4 (2009): 581–98. http://dx.doi.org/10.1163/090273509x12506922939999.

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AbstractIn the Armed Activity Case, the International Court of Justice, found Uganda in breach of various international obligations. In establishing the state responsibility of Uganda, the Court concluded that in the Democratic Republic of Congo the country's troops committed, among other offences, grave breaches of international humanitarian law, as well as serious human rights violations, including torture. According to the Geneva Conventions of 1949 and human rights treaties, these acts should also entail individual criminal responsibility. Furthermore, states have undertaken an obligation

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Darcy, Shane. "Assistance, direction and control: Untangling international judicial opinion on individual and State responsibility for war crimes by non-State actors." International Review of the Red Cross 96, no. 893 (2014): 243–73. http://dx.doi.org/10.1017/s1816383115000119.

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AbstractDespite the general consistency in the treatment of international humanitarian law by international courts and tribunals, recent decisions have seen significant disagreement regarding the scope of indirect responsibility for individuals and States for the provision of aid or assistance to non-State actors that perpetrate war crimes. The divisions at the international criminal tribunals with regard to the “specific direction” element of aiding and abetting are reminiscent of the divergence between the International Court of Justice and the International Criminal Tribunal for the former

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Liakopoulos, Dimitris. "Rough justice: Anatomy and interpretation in the exclusion of individual criminal liability in international criminal justice." Revista do Curso de Direito do UNIFOR 10, no. 1 (2019): 148–233. http://dx.doi.org/10.24862/rcdu.v10i1.1013.

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The present study aims to explore the relationship between the dogmatic conditions of the founding and the exclusion of international individual criminal responsibility. There are few cases in which an International Criminal Court has used previous international jurisprudence to establish a crime of conduct in international customary law, and in any case the importance of international judgments can not be underestimated as a general interpretative tool.

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GOULD, HARRY D. "International criminal bodies." Review of International Studies 35, no. 3 (2009): 701–21. http://dx.doi.org/10.1017/s0260210509008717.

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AbstractOne of the insights of Constructivism is that our world is, in part, made by what we say about it. We make things what they are by saying what they are. One way is through the use of metaphor; by asserting that one thing is another thing. Does our saying that a state is a person make it a person?A way to intervene in this discussion is by addressing it not in the abstract, but guided by a cognate question: Can states commit crimes, a uniquely human act? If states can commit and be liable for crimes, they must be able to form intents. If they are indeed persons in the relevant sense, th

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Vest, H. "Business Leaders and the Modes of Individual Criminal Responsibility under International Law." Journal of International Criminal Justice 8, no. 3 (2010): 851–72. http://dx.doi.org/10.1093/jicj/mqq032.

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Olesiuk-Okomska, Magda. "INTERNATIONAL CRIMES WITHIN THE JURISDICTION OF INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS." International Journal of Legal Studies ( IJOLS ) 2, no. 2 (2017): 71–84. http://dx.doi.org/10.5604/01.3001.0012.2220.

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Although in international law responsibility traditionally had belonged to states, along with involvement of individuals in conflicts between states and committing by them crimes on a massive scale, a need to criminalize such acts and to bring offenders guilty of the most serious violations of international law to justice - arose. Establishment of international criminal courts resulted from the need to fulfill internationally the idea of justice. Development of international criminal courts reflects differences in inter alia attitude towards ratione materiae of particular courts and tribunals.

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Chaumette, Anne-Laure. "International Criminal Responsibility of Individuals in Case of Cyberattacks." International Criminal Law Review 18, no. 1 (2018): 1–35. http://dx.doi.org/10.1163/15718123-01801004.

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The use of cyberspace to commit crimes under international law requires that branch of law to renew itself and to rethink its categories because of a déterritorialisation of cyberspace and the subsequent anonymity it bestows. While déterritorialisation has consequences for the definition of the crimes and for the establishment of the jurisdiction of the icc, the anonymity raises concerns as to the identification of the person responsible for the crime and for the choice of the mode of liability.

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Dunoff, Jeffrey L., and Joel P. Trachtman. "The Law and Economics of Humanitarian Law Violations in Internal Conflict." American Journal of International Law 93, no. 2 (1999): 394–409. http://dx.doi.org/10.2307/2997997.

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The problem of criminal responsibility for human rights atrocities committed in internal conflict provides an appropriate vehicle for examining various theoretical and methodological approaches to international law. The issues raised include the following: Does international law provide for individual criminal responsibility for such acts? How best can these atrocities be prevented? Should international law address these matters or are they better left to domestic law? Why does international legal doctrine distinguish between human rights violations committed in international conflict and the

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Fournet, Caroline. "When the Child Surpasses the Father – Admissible Defences in International Criminal Law." International Criminal Law Review 8, no. 3 (2008): 509–32. http://dx.doi.org/10.1163/157181208x308817.

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AbstractDue to the heinous nature of international crimes, admissible defences in the context of international criminal justice understandably constitute an issue surrounded with controversy. Yet, while International Criminal Law precludes the use of a series of defences, it also admits that certain grounds may exclude individual criminal responsibility or mitigate punishment even in the case of the most serious international crimes. The present study thus proposes to analyse the permissibility of these defences and the availability of such grounds for excluding responsibility by drawing a com

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Русанов, Георгий, and Gyeorgiy Rusanov. "Genocide as International Crime: Corpus Delicti Analysis." Journal of Russian Law 4, no. 7 (2016): 0. http://dx.doi.org/10.12737/20157.

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This paper is devoted to the issues of international criminal responsibility for the crime of genocide. The author explores the corpus delicti of it and draws attention to the problem of bringing the guilty persons to international responsibility. The author examines in detail individual acts constituting the corpus delicti: the murder of members of any national, ethnic, racial or religious group, causing serious bodily or mental harm to the members of such group, deliberate creation of such living conditions which are meant for total or partial physical destruction of the group; imposing meas

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SAVCHENKO, Andrii, Oleksandr BABIKOV, and Olena OLIINYK. "Comparative and Legal Analysis of Criminal and Legal Protection of Individual Components of Natural Environment: European Experience." Journal of Advanced Research in Law and Economics 8, no. 7 (2018): 2219. http://dx.doi.org/10.14505//jarle.v8.7(29).22.

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The article is dedicated to criminal and legal protection of both the natural environment, and its individual components. This research describes legislation on environmental protection in the most developed European countries such as Spain, Italy, Poland, Germany, and also pays attention to international experience. There are laws on criminal responsibility for attacks on objects of natural environment and international acts have been analysed.

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Spieker, Heike. "The International Criminal Court and Non-International Armed Conflicts." Leiden Journal of International Law 13, no. 2 (2000): 395–425. http://dx.doi.org/10.1017/s0922156500000297.

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Non-international armed conflicts are more numerous, more brutal and entail more blood-shed today than international ones. The Statute of the International Criminal Court explicitly upholds the traditional distinction between international and non-international conflicts, and armed conflicts will have to be characterized accordingly. But the tendency to adapt the international humanitarian law (IHL) regime for non-international conflicts to the rules for international ones emerges. Article 7 on Crimes Against Humanity and Article 8(2)(c) and (e) on War Crimes amount to real progress in this re

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Bantekas, Ilias, and Bnar Ariany. "Book Review: Individual Criminal Responsibility in International Law, editor by Elies van Sliedregt." International Criminal Law Review 14, no. 3 (2014): 661–67. http://dx.doi.org/10.1163/15718123-01403006.

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23

Keith, KJ. "THE INTERNATIONAL COURT OF JUSTICE AND CRIMINAL JUSTICE." International and Comparative Law Quarterly 59, no. 4 (2010): 895–910. http://dx.doi.org/10.1017/s0020589310000588.

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AbstractDespite appearances to the contrary, the International Court of Justice can and does have much to say on matters of criminal justice. This article considers four areas in which such matters arise before the Court: jurisdiction over criminal offences allegedly committed abroad and immunity from that jurisdiction; principles of individual criminal liability and the potential for concurrent State responsibility; issues of evidence and proof; and the Court's review of the exercise of those domestic criminal powers which are subject to international regulation. In the process of addressing

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Strijards, Gerard. "The Institution of the International Criminal Court." Leiden Journal of International Law 12, no. 3 (1999): 671–81. http://dx.doi.org/10.1017/s0922156599000357.

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This article discusses certain key aspects arising from the negotiations leading up to the adoption of a Statute for an International Criminal Court (ICC), to have its seat in The Hague. These aspects include individual criminal responsibility regardless of status as Head of State or constitutional organ and the transformation of international criminal law into domestic law. Also discussed are the two appendices to be added to the Statute pertaining to substantive criminal law and rules of criminal evidence and procedure to be used by the Court. The author argues that the appendix on the law o

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Kleffner, Jann K., and Liesbeth Zegveld. "Establishing an Individual Complaints Procedure for Violations of International Humanitarian Law." Yearbook of International Humanitarian Law 3 (December 2000): 384–401. http://dx.doi.org/10.1017/s1389135900000714.

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Currently, no judicial or quasi-judicial mechanisms exist with the explicit competence to consider complaints of individuals claiming to be victims of violations of international humanitarian law. The International Committee of the Red Cross (ICRC) cannot fulfil this role as it has neither the means, the purpose nor the mandate to make enforceable judicial determinations with regard to claims of individuals alleging to be victims of such violations. Instead, it operates mainly through confidential discussions with governments. Likewise, criminal prosecutions of individual perpetrators before n

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Adegbonmire, Jumoke. "The death of Jamal Kashoggi: Issues of Human Rights Violations and International Law." Review of Human Rights 4, no. 1 (2019): 50–63. http://dx.doi.org/10.35994/rhr.v4i1.89.

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State responsibility is a cardinal principle of international law. The doctrine of State sovereignty under international law accords States’ legal personality and requires that they fulfill international obligations. International law imposes obligations on States to perform their duties in ensuring that a breach of international law does not go unpunished. Consequences for such actions means that States need to adhere to procedural and substantive law in addition to offering reparation for the violation of an international obligation. In the past, violation of an international obligation was

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Bradley, Martha M., and Aniel de Beer. "The Collective Responsibility of Organised Armed Groups for Sexual and Gender-Based Violence during a Non-International Armed Conflict." Stellenbosch Law Review 32, no. 1 (2021): 129–54. http://dx.doi.org/10.47348/slr/v32/i1a6.

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This contribution considers a possible legal framework for holding organised armed groups (“OAGs”) collectively responsible for acts of sexual and gender-based violence (“SGBV”) during non-international armed conflicts. It argues that a framework providing for collective as opposed to individual criminal responsibility of OAGs is essential. Certain sections of the Articles on the Responsibility of States for Internationally Wrongful Acts (“Articles on State Responsibility” or “ASR”) are used as a blueprint for achieving such a framework. In this regard, the concepts of international legal resp

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Stirling-Zand, Simonetta. "The Individual Criminal Responsibility of Judicial Organs in International Law in the Light of International Practice." Netherlands International Law Review 48, no. 01 (2001): 67. http://dx.doi.org/10.1017/s0165070x00001145.

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Bogdan, Attila. "Individual Criminal Responsibility in the Execution of a "Joint Criminal Enterprise" in the Jurisprudence of the ad hoc International Tribunal for the Former Yugoslavia." International Criminal Law Review 6, no. 1 (2006): 63–120. http://dx.doi.org/10.1163/157181206777066727.

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AbstractThis article explores the development of "joint criminal enterprise" form of responsibility in the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (hereinafter "Yugoslav Tribunal"). Although "joint criminal enterprise" does not appear in the Yugoslav Tribunal Statute, this form of responsibility was read into the Statute by the tribunal judges and is repeatedly relied on in finding individuals guilty in cases before the tribunal. In particular, ever since the Appeals Chamber in Prosecutor v. Tadic held that "joint criminal enterprise", as a form of accomp

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Medvedieva, M. O., and T. R. Korotkyi. "RESPONSIBILITY FOR THE ENVIRONMENTAL DAMAGE CAUSED DURING THE ARMED CONFLICT BETWEEN UKRAINE AND THE RUSSIAN FEDERATION: OPPORTUNITIES IN THE ALGORITHM OF PROTECTING NATIONAL INTERESTS." Actual Problems of International Relations, no. 139 (2019): 58–67. http://dx.doi.org/10.17721/apmv.2019.139.0.58-67.

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The article considers international customs, treaties and case-law dealing with responsibility for wartime environmental damage and protection of the environment before, during and after armed conflict. The authors provide the analysis of the rules of state responsibility, international humanitarian, criminal, environmental, human rights law, law of the sea, applicable in this field. The article examines the regime of international legal protection of the environment in relation to Ukraine-Russia armed conflict (in Crimea and eastern Ukraine) and analyzes the possibility of invoking responsibi

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Denisa, Barbu. "THE MAIN ROLE OF THE INTERNATIONAL TRIBUNAL IN ACCORDANCE WITH PREVENTING AND REPRESSING INTERNATIONAL CRIMES." Agora International Journal of Juridical Sciences 9, no. 1 (2015): 1–4. http://dx.doi.org/10.15837/aijjs.v9i1.1861.

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In international criminal law, a great role had the Military Courts at Nuremberg and Tokyo, which on the one hand, contributed decisively in their judgments to the shaping of important institutions of international criminal responsibility of individuals as agents of the State, and on the other hand, have demonstrated the need for permanent and strong international criminal jurisdictions.

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Indriati, N., Wismaningsih a, and Danial b. "SEXUAL SLAVERY OF CHILDREN AS A WAR CRIME IN INTERNATIONAL CRIMINAL PERSPECTIVE." International Journal of Advanced Research 8, no. 10 (2020): 1171–76. http://dx.doi.org/10.21474/ijar01/11949.

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Child is a creature from God Almighty who needs to be protected by self-esteem and his dignity and is guaranteed for the right of his life to grow and develop according to his natural fate. Any form of treatment that interferes and impairs the fundamental rights in various forms of unauthorized utilization and exploitation must be discontinued without exception.This is a normative juridical research. The method of the research is statute approaches, that is analyzing sexual slavery in children as war crime, because many cases of completion can be done through international criminal court.The r

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FUTAMURA, MADOKA. "Individual and Collective Guilt: Post-War Japan and the Tokyo War Crimes Tribunal." European Review 14, no. 4 (2006): 471–83. http://dx.doi.org/10.1017/s1062798706000494.

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It is a popular view that international war crimes tribunals are a tool for social transformation and reconciliation after conflicts. According to advocates, one of their strengths in this regard is the individual punishment of criminals, which is said to achieve justice for victims while avoiding the collectivization of guilt. This is also said to have the effect of endorsing the transformation of the nation by freeing it from the burden of collective guilt while detaching those responsible for war crimes from the society concerned and eliminating their political influence. Does individual cr

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Palassis, Stathis N. "From The Hague to the Balkans: A Victim-oriented Reparations Approach to Improved International Criminal Justice." International Criminal Law Review 14, no. 1 (2014): 1–41. http://dx.doi.org/10.1163/15718123-01402003.

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The international crimes committed in the territory of the former Yugoslavia during the 1990s have been the subject of both State responsibility claims and prosecutions establishing individual criminal responsibility. On 26 February 2007 the International Court of Justice handed down its judgment in the Genocide case while it is expected that in 2014 the International Criminal Tribunal for the former Yugoslavia will conclude all appeals from prosecutions. While these initiatives contribute to the acknowledgement of the commission of international crimes they have not provided the victims with

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JACKSON, MILES. "The Attribution of Responsibility and Modes of Liability in International Criminal Law." Leiden Journal of International Law 29, no. 3 (2016): 879–95. http://dx.doi.org/10.1017/s0922156516000352.

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AbstractIn 2012, James Stewart published an article in this journal. The piece – ‘The End of “Modes of Liability” for International Crimes’ – argued for the abolition of accomplice liability in international criminal law and the adoption of a unitary model of participation in crime. This article argues that Stewart's proposal is flawed. As a matter of moral responsibility, the distinction between principals and accomplices follows from the recognition of individuals as moral agents. Turning to ordinary criminal responsibility, neither practical benefits nor expressive benefits nor the mitigati

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Spadaro, Alessandra. "Punish and Be Punished?" Journal of International Criminal Justice 18, no. 1 (2020): 1–30. http://dx.doi.org/10.1093/jicj/mqz059.

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Abstract Pursuant to the doctrine of command responsibility, military commanders can be found criminally responsible for having failed to take necessary and reasonable measures to prevent or punish the crimes of their subordinates. Focusing on the duty of commanders of organized armed groups to punish the war crimes committed by their subordinates, this article enquires whether the commanders’ duty is subject to any limit under international law. By analysing the imposition of disciplinary and criminal measures, including prosecution in armed group courts and detention, the article argues that

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Long, Ryan. "Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law." International Criminal Law Review 14, no. 4-5 (2014): 836–54. http://dx.doi.org/10.1163/15718123-01405006.

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Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based analysis, but argue that the moral community must play a greater role in the domestic case and that the coll

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Campbell, Kirsten. "Victims and Perpetrators of International Crimes: The Problem of the ‘Legal Person’." Journal of International Humanitarian Legal Studies 2, no. 2 (2011): 325–51. http://dx.doi.org/10.1163/18781527-00202003.

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Protecting victims and punishing perpetrators are now seen as integral elements of the implementation and enforcement of humanitarian norms. However, how international law constructs the victims and perpetrators of international crimes as entities with rights and duties remains insufficiently examined. This paper explores the different models of victims and perpetrators as legal persons in international criminal law. It argues that the legal person takes two forms: the victim of human rights and the perpetrator of criminal responsibility. While the legal regime presents these as autonomous and

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Hajdin, Nikola R. "The actus reus of the crime of aggression." Leiden Journal of International Law 34, no. 2 (2021): 489–504. http://dx.doi.org/10.1017/s0922156521000042.

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AbstractTo adjudicate a claim on individual criminal responsibility, the court has to establish objective and subjective links between the individual and the crime. This article studies the material (actus reus/objective) elements of the crime of aggression (conduct, consequence and circumstance) and suggests a reading that solves most of the conceptual and practical issues regarding criminal responsibility for this crime. The main contribution is an ontological distinction between the material act of use of violence and the act of aggression, which are both subsumed under the term ‘state/coll

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Colorio, Matteo. "A Commander’s Motivations and Geographical Remoteness under Command Responsibility: An Analysis of Controversial Issues of the Bemba Appeal Judgment." International Criminal Law Review 21, no. 3 (2021): 445–75. http://dx.doi.org/10.1163/15718123-bja10072.

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Abstract The Bemba Appeal Judgment undermines confident prospects that the International Criminal Court could make a greater use of charges alleging command responsibility. This judgment introduces serious uncertainties in the law on command responsibility, in particular by reflecting long-lasting disputes concerning this doctrine on the ‘all necessary and reasonable measures’ element under Article 28 of the Rome Statute. The Bemba Appeal Judgment, indeed, includes a controversial evaluation of the relevance of a commander’s motivations in taking measures and of her geographical remoteness fro

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SANDER, BARRIE. "Unravelling the Confusion Concerning Successor Superior Responsibility in the ICTY Jurisprudence." Leiden Journal of International Law 23, no. 1 (2010): 105–35. http://dx.doi.org/10.1017/s0922156509990355.

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AbstractThe recent jurisprudence of the ICTY concerning the proper interpretation of the doctrine of superior responsibility under Article 7(3) of the ICTY Statute has been stifled by division and uncertainty. In particular, the question of the responsibility of successor superiors for crimes committed by their subordinates prior to taking command has led to a number of 3–2 majority decisions. This paper seeks to reconcile the divergent judicial opinions by moving away from a narrow analysis of successor superior responsibility, instead focusing on the determination of the underlying nature of

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Murphy, P. "The Criminal Responsibility of Individuals for Violations of International Humanitarian Law." Journal of International Criminal Justice 2, no. 3 (2004): 932–36. http://dx.doi.org/10.1093/jicj/2.3.932.

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Keitner, Chimène I. "Horizontal Enforcement and the ILC’s Proposed Draft Articles on the Immunity of State Officials from Foreign Criminal Jurisdiction." AJIL Unbound 109 (2015): 161–66. http://dx.doi.org/10.1017/s2398772300001367.

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The Nuremberg principles affirmed by the U.N. General Assembly and formulated by the International Law Commission (ILC) provide that “[t]he fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official does not relieve him (sic) from responsibility under international law.” Few would dispute this basic principle. More contested is the question of who has authority to impose consequences on individuals for international crimes committed on behalf of states. This is because, if an individual has acted with actu

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Hoover, Joseph. "Reconstructing responsibility and moral agency in world politics." International Theory 4, no. 2 (2012): 233–68. http://dx.doi.org/10.1017/s1752971912000085.

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Assigning responsibility is increasingly common in world politics, from the United Nation's assertion that sovereignty entails a ‘responsibility to protect’ to the International Criminal Court's attempts to hold individuals responsible for international crimes. This development is welcome but problematic as the model of moral agency that our contemporary practices of responsibility are based on leads to a number of problematic consequences that impede efforts to make world politics more just. In particular, our contemporary practices of responsibility are excessively focused on the obligations

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Meron, Theodor. "War Crimes Law Comes of Age." American Journal of International Law 92, no. 3 (1998): 462–68. http://dx.doi.org/10.2307/2997918.

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The rapid and fundamental developments in the last few years on the establishment of individual criminal responsibility for serious violations of international humanitarian law have been such that it is now an appropriate time to assess their principal features.

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Yu. Zhilina, Natalia, Esita E.Ganaeva, Marina L. Prokhorova, Denis N. Rudov, and Irina V. Savelieva. "THE SUBJECT OF CRIME: THE PROBLEM OF ESTABLISHING AGE LIMITS OF CRIMINAL RESPONSIBILITY." Humanities & Social Sciences Reviews 7, no. 4 (2019): 809–12. http://dx.doi.org/10.18510/hssr.2019.74105.

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Purpose: This article presents the authors’ analysis of the problem of determining the subject of a crime as a legal concept, and defining the legal characteristics of a person who has committed a crime by features that are necessary for criminal responsibility (individual, age, and responsibility). Methodology: The present study was based on a dialectic approach to the disclosure of legal phenomena using general scientific and private scientific methods. Considered the Convention on Rights of the Child1989; International Covenant on Civil and Political Rights "in 1966; and UN Standard M

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Galand, Alexandre Skander. "Bemba and the Individualisation of War: Reconciling Command Responsibility under Article 28 Rome Statute with Individual Criminal Responsibility." International Criminal Law Review 20, no. 4 (2020): 669–700. http://dx.doi.org/10.1163/15718123-bja10018.

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Never has the doctrine of command responsibility been shaken as when the Appeal Chamber of the International Criminal Court issued the Bemba Appeal Judgment. The latter solely addresses whether the defendant – Jean-Pierre Bemba, former Commander-in-chief of the Mouvement de libération du Congo – took reasonable and necessary measures to prevent or punish his subordinates’ crimes perpetrated in the Central African Republic. Yet, the various dissenting, separate and concurring opinions advocate opposing positions on the scope, elements and nature of this notorious doctrine. This paper relocates

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Henquet, Thomas. "List of Current Proceedings." Leiden Journal of International Law 12, no. 2 (1999): 437–49. http://dx.doi.org/10.1017/s0922156599000205.

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The accused is charged with both individual criminal responsibility and superior criminal responsibility for crimes against humanity, grave breaches of the 1949 Geneva Conventions, and violations of the laws or customs of war. All crimes were allegedly committed at the Sušica camp in the municipality of Vlasenica, Bosnia and Herzegovina in 1992. Given the inability of Bosnia and Herzegovina to execute the arrest warrant and the non-co-operation by the Federal Republic of Yugoslavia and Republika Srpska, an international arrest warrant was issued to all states, pursuant to Rule 61 of the Rules

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Ellis, Mark. "Remarks by Mark Ellis." Proceedings of the ASIL Annual Meeting 111 (2017): 79–88. http://dx.doi.org/10.1017/amp.2017.18.

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At 10:00 a.m. on Tuesday, May 7, 1994, the first trial under the jurisdiction of the International Criminal Tribunal for the former Yugoslavia (ICTY) began. Dusko Tadić was charged, on the basis of individual criminal responsibility, with grave breaches of the Geneva Conventions of 1949, violations of the laws or customs of war, and crimes against humanity. Tadić escaped only the charge of genocide.

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Adjei, William Edward. "The Development of Individual Criminal Responsibility Under International Law: Lessons from Nuremberg and Tokyo War Crimes Trials." Journal of Legal Studies 25, no. 39 (2020): 69–97. http://dx.doi.org/10.2478/jles-2020-0005.

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AbstractOne of the most significant developments in international law was the establishment of Special Tribunals that could bring to justice individuals allegedly responsible for “grave breaches” and violations of the law against humanity. This is, undoubtedly, a recent global development that has challenged the issues of impunity and sovereignty. Since the Nazis’ atrocities and the Nuremberg trials, war crimes law has broadened its scope and has recognized a number of offenses considered as “international crimes” and which have also come to be described as “genocide”. However, although intend

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