Dissertations / Theses on the topic 'Responsabilité pénale (Droit international)'
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Mauro, Cristina. "La responsabilité pénale des groupements dans l'espace international." Paris 2, 1999. http://www.theses.fr/1999PA020002.
Full textCressent, Camille. "La responsabilité pénale des personnes morales pour violations graves du droit international." Electronic Thesis or Diss., Université de Lille (2022-....), 2024. http://www.theses.fr/2024ULILD008.
Full text“Crimes against international law are committed by men, not by abstract entities”. This famous Nuremberg statement forged the future of legal entities criminal responsibility for serious violations of international law. This choice to engage only individual criminal responsibility was made again in Rome, when the Statute creating the International Criminal Court was drawn up. Thus, whether at Nuremberg or The Hague, it is the directors of legal entities who are held liable. However, these crimes are unique: they affect humanity. This is why, to be punished, they must meet a dual requirement: they must be attributed to an individual, but they must also consider the intrinsically collective nature of the crime. It is not materially possible for a single individual to commit an international crime. These crimes require a form of planning on a necessarily supra-individual scale. Without this collective element, these crimes are no more and no less than ordinary crimes. Consequently, the rejection of corporate criminal liability for international crimes creates two paradoxes. The first is that these are collective crimes that cannot be attributed to collective beings. Indeed, over and above the need for a physical person to commit a crime, legal entities can be at the origin of the crime or benefit from it in some way. The second paradox lies in the fact that the criminal liability of legal persons is not an unattainable ideal. It exists in many national laws. The result of these two paradoxes is that the Nuremberg Declaration, set in stone, is not sufficient to combat impunity for the most serious crimes. States have had to find solutions to make up for this shortcoming on an international scale. These solutions can be applied at different levels: national, regional, or international. They are not global, in the sense of being universal, but they make it possible to apprehend certain situations that fall within their fields of competence
Khalifa, Ahmed Fathy. "Les techniques d'imputation devant les juridictions pénales internationales : réflexion sur la responsabilité pénale individuelle." Thesis, Poitiers, 2012. http://www.theses.fr/2012POIT3017.
Full textThe establishment of International criminal tribunals raises the question of techniques of attributing criminal liability. Having the individual as « subject », the principle of individual criminal responsibility is at issue. On the one hand, International criminal law borrows traditional techniques of imputing liability from national law. Not only those techniques that depend on the completion of an international crime; as forms of perpetration and complicity, but also those that attribute responsibility independently of the completion of international crime; as attempt and specific incrimination of some forms of complicity. Individual criminal responsibility in its traditional connotation is confirmed. On the other hand, International criminal law forges new techniques of imputing liability to accommodate the collective nature of international crimes. Based on the idea of « group » action, associative techniques are introduced. As such, the responsibility for membership in criminal organisation, or even the responsibility for group crimes through notions like « joint criminal enterprise » or « joint control » are applied. In the meanwhile, the structural aspect of entities committing international crimes is taken in consideration. Superiors who manipulate organisations under their control are considered as indirect perpetrators. Also, superiors who fail to stop or to punish crimes committed by their subordinates are held responsible. Each one of these new techniques of imputing responsibility metamorphoses one or more aspects of what is generally intended by the principle of individual criminal responsibility. Reconstructing the notion seems due
Maison, Rafaëlle. "La responsabilité individuelle pour crime d'État en droit international public : de la sanction pénale des individus par les juridictions internationales." Paris 2, 2000. http://www.theses.fr/2000PA020011.
Full textChaouch, Helel Adel. "La responsabilité pénale indirecte du supérieur hiérarchique pour violation du Droit international humanitaire." Nice, 2003. http://www.theses.fr/2003NICE0004.
Full textLaporte, Anne. "Essai sur les conditions de la responsabilité pénale des chefs d'état et de gouvernement en droit international public." Le Mans, 2000. http://cyberdoc.univ-lemans.fr/theses/2000/2000LEMA2001.pdf.
Full textGiven the gaps within the international legal order, precise conditions of a criminal responsibility of heads of states or governments are emerging. Although it is still impossible to establish an autonomous principle for this responsibility, the mIes regarding its theoretical basis and its practical application include some peculiarities from which an autonomous principle could result in the future. As far as the theoretical basis is concerne d, it has to be considered in the light of an international community, where heads of states and governments are granted a single customary status, because they are in charge of full state power. This status is not always a protective shield for the sovereignty but on the contrary reduces their immunities. More than any other organ the head of state or government "is the state" itself. The imputation of their crimes, which though personal faults, are related to their functions, implies a paradigmatic analysis of the connection between state and individual responsibilities leading to a combination of these responsi bilities. As for the practical application these "offences against good governance" (e. G. War crimes, crimes against humanity) refer to a violation of a standard defined as threats to international peace and security. Therefore this particular criminality raises mixed political and judicial reactions. An effective repression still depends mainly on the political will of the states and the UN Security Council : the possible solution lies in an international justice - though uncertain - complementary to internaI jurisdictions suspected of partiality
Liwerant, Sara. "L'aporie du droit face à la logique meurtrière des crimes contre l'humanité et des génocides : approches criminologique et anthropologique." Paris 10, 2004. http://www.theses.fr/2004PA100172.
Full textThis research articulates a criminological analysis perpetrators act of crimes against humanity and genocides with an anthropological analysis of international penal law's response. The analysis of collective "execution of the act" is carried out on the basis of the marks of the crime and of the discourses of the criminals. The mechanisms of the criminal process reveal that the suppression of the prohibition is institutionalized : law is confronted to a genuine "norm of murder". Confrontation with the crime unveils the representations that impose themselves on law. Confronted to an "unsayable" which is not that of the murder, law reconstructs the references, paradoxically on the premises of the logic of murder itself. The emergency to reinstaure the prohibition by international penal law leads to the necessity to renew a concept of law whose implicits are at the core of the paradox of collective murders. International penal law's explicit mission to restaure peace must be in line with the conceptions of law of its addresses
Eynard, Manuel. "La métamorphose de la justice pénale internationale. Etude des fonctions judiciaires de la Cour pénale internationale." Thesis, Université Côte d'Azur (ComUE), 2016. http://www.theses.fr/2016AZUR0022.
Full textThe progressive legalization of the international society has generated a similar fundamental issue: the implementation of the international law by international courts and tribunals. A slow and relentless judicialisation of international relations has been observed, to the point that there are different providers of the same international judicial function, competent on a large majority of areas of international law.Because of peculiarities inherent to the international legal order, the outlines and content of international justice are different from those of the internal justice. They respond to varying driving forces which determine the conception of international courts and the notion of justice that they are mandated to render. These forces are constantly changing, along with the ongoing transformation of the international legal order. Indeed, the international judicial phenomenon is subject to several dynamics. Through the case study of the International Criminal Court, the essential aim of this study is twofold. First, it is to demonstrate the great diversification of international criminal judicial functions. Some of them crystallize serious disagreements, within the doctrine as to the staff of the Court and Legal Advisors to States. It is therefore necessary to research and examine the elements by which the Court exercises its various judicial functions. The thesis takes a position on each of them. On the other hand, the analysis aims to expose the existence of a metamorphosis of international criminal justice. This requires highlighting two dynamics: the expansion and the development of the international criminal judicial function, and thus unveiling a general dynamic of enrichment of international justice
Quirico, Ottavio. "Réflexions sur le système du droit international pénal - La responsabilité « pénale » des États et des autres personnes morales par rapport à celle des personnes physiques en droit international." Phd thesis, Université des Sciences Sociales - Toulouse I, 2005. http://tel.archives-ouvertes.fr/tel-00279988.
Full textRenaudie, Virgile. "L'articulation du droit international et du droit français : illustration par les responsabilités du militaire et de l'Etat français en cas de commission de crimes contre la paix et la sécurité de l'humanité." Limoges, 2005. http://www.unilim.fr/theses-doctorat/2005LIMO0504/html/index-frames.html.
Full textThe establishment of the International Criminal Court, on July 1st 2002, is the outcome of a movement for prosecution of international law crimes, initiated at the beginning of the 20th century. The establishment of this jurisdiction according to the standards of criminal law, and the identification of a tough core crimes and values are real factors for a transformation of international society. They encourage to revalue the degree of evolution and the rules of functioning. The example of the responsibilities of the military and the french State in case of perpetration of crimes against peace and security of humanity makes a hypothesis which allows to appreciate the challenges that national and international institutions will have to take up in a very particular field. The increasing relationships between international society and national societies points at interactions between the rights and the institutions. This fact prompts to consider a new definition of juridical systems concerning the responsibility of the individual and of the State, as well as the articulation of various interacting rights and the possible rationalization of the cooperation between national and international jurisdictional structures
Sardachti, Marie-Jeanne. "La preuve et la responsabilité pénale des supérieurs hiérarchiques devant les juridictions pénales internationales." Thesis, Paris 11, 2011. http://www.theses.fr/2011PA111014.
Full textThis thesis deals with the study of the relationship between evidence and criminal responsibility of high ranking officers before international criminal courts. These courts judge the persons responsible for having committed mass crimes. The question is how they proceed, on which evidence they rely and which mode of participation is the most adequate to do so
Baban, Bryar S. "La mise en cause de la responsabilité du chef d'état et de gouvernement en droit international." Strasbourg, 2011. http://www.theses.fr/2011STRA4023.
Full textSince the Nuremberg trials, the institution of protecting of heads of State and Government appears to be an increasingly threatened fortress. This institution is based on traditional concepts including the historical immunity of heads of State, the sovereign equality of States, the principle of nonintervention, and the protection of representative functions. Today, we are witnessing the emergence of a movement supporting the freedom to prosecute heads of State, a movement that is increasingly in competition with the protection of heads of State for international crimes. Therefore exposing the means of prosecution is necessary to better understand the logic of the freedom to prosecute and to further clarifying the many gray areas that holds exist regarding the status of heads of State. It is important to measure the impact of their status on international prosecution in general and on their individual prosecution. Demand for the freedom to prosecute is growing in the international legal order. Several international and internationalized criminal tribunals have been established by the international community in order to fight impunity, with participation of national courts that have been mobilized for this purpose. As such, the focus of the issue has reversed. Rather than assessing the liability of heads of State from the perspective of the traditional barriers to prosecution, the analysis of the role of heads of State is now located within the context of their prosecution. If there status historically prevented their prosecution, international justice is now seeking to reduce the impact of this status by developing several methods and principles that raise numerous questions
Prouvèze, Rémy. "L' immunité de juridiction pénale des autorités étatiques en droit international." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32048.
Full textImmunity from criminal jurisdiction of State authorities in international law is a very uncertain notion. Its ancientness and importance for good inter-State relations make it a deeply rooted institution in the international legal order. Nevertheless, it has been contested for a long time, and this contestation has been renewed by international criminal law developments. The number of procedures against State leaders accused of international crimes has increased, some of them did succeed, which leads to question the contents of the rule, if there actually is a rule…As an exception to State jurisdictional freedom, immunity must be strictly defined. It really and directly benefits only a limited number of people, namely the heads of State, heads of government and ministers. It is a complex institution because of its plural basis and its polymorphic contents. Immunity from criminal jurisdiction of State authorities is, finally, a contested institution. The British Lords' decisions in the Pinochet case opened a breach in the immunity wall. The development of a criminal logic conveys a change in the international law approach of the notion and allows to acknowledge certain exceptions to immunity when international crimes are at stake. Eventually, immunity from criminal jurisdiction of State authorities in international law could then be questioned or even disappear
Tobachi, Lau-Chong Ahydé. "La poursuite pénale d'un chef d'Etat en droit international." Thesis, Reims, 2011. http://www.theses.fr/2011REIMD002.
Full textKalamatianou, Phèdre. "L' état de nécessité sous l'angle du droit pénal comparé (grec, français) et de la justice pénale internationale." Paris 2, 2008. http://www.theses.fr/2008PA020045.
Full textMohamed, Abdou Mhoudine. "L'immunité des chefs d'État en droit international." Perpignan, 2005. http://www.theses.fr/2005PERP0593.
Full textThe issue of immunity for international heads of state is justified by the notion of equal sovereignty of states and the courteous relationship that must exit betetween states. The complicity of theis matter is further increased when it regards a head of state implicated in serious crimes. This subject was raised with the Pinochet case. A head of state received special treatment, which put him above foreign laws and the jurisdictional control of the courts. As a result, amendements made in immunity rights enabled the International Court of Justice to bring political officials who have committed serious crimes, crimes against humanity, genocide and ethnic cleansing to justice. This determination to figth against impunity is the fruit of the hard labour of cooperation between states and the International Court of Justice
El, Kharraz Bashir. "La CIJ et la multiplication des juridictions internationales : réflexion sur les nouvelles tendances de la justice internationale." Strasbourg, 2010. http://www.theses.fr/2010STRA4002.
Full textThe idea of an international justice may not just be a mere fanciful idea of law which is set to supposedly govern the world human society. International law takes its raots positively and firmly in the various international tribunals that have been instituted for that purpose. The present study aims at throwing sorne lights on the current role of the International Court of Justice (ICJ) and the International Specialized Jurisdictions (ISJ). The study looks at new tendencies that have come to mark international justice both on an institutional and on a normative level. On the institutional level, international justice swings between two opposing directions, that of the complementary nature of international forums as between themsclves, on the one side, while on the other hand, these same forums emerge as competing against one another. International justice can therefore be ambivalent. LeJ and 15J may thus eitber complement each other or compete with one another. On the normative Ievel, contemporary international justice is faecd, first, \Vith the critical issue of the frugmentation ~f international law as a whole. Secondly, there is the issue of the need to institute unified interpretative approaches from the various forums concerned. As far as ICJ and ISJ arc concerned, they may contribute towards promoting a positive outcome in (J:clation to the fragmentation ofintemationallaw, but may deepen the concerns in relation to interpretative unity
Laucci, Cyril. "Les compétences nationales et internationales en matière de répression des crimes de guerre." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32021.
Full textMahiques, Carlos Alberto. "La Responsabilité des personnes morales en droit international pénal : vers la pénalisation du politique ou l'État comme nouveau sujet de droit pénal." Poitiers, 2011. http://www.theses.fr/2011POIT3011.
Full textThis thesis deals in particular with international criminal law and intends to contribute to determination of a responsible legal person in public law, by reflecting on the protected legal interests committed by the State itself. .
Belbenoit-Avich, Pierre. "Contribution au bilan des tribunaux pénaux internationaux pour l'Ex-Yougoslavie et le Rwanda : la responsabilité pénale internationale individuelle : les crimes de guerre." Montpellier 1, 2008. http://www.theses.fr/2008MON10002.
Full textThe international criminal tribunals for the Former Yugoslavia and Rwanda, created by the Security Council on the basis of Chapter VII, are intrusted with the responsibility to work towards peace building and security in the Balkans and the Great Lakes region. They constitute a crucial resurrection of the principle of international criminal law, fifty years after Nuremberg and Tokyo. Faced with the weakness of the legal sources, the judges had to put together a scheme in order to administer justice. Naturally, they turned down functional immunity as well as justifications connected with law authority and superior orders. Their case law follows a strict policy as for duress and state of necessity. The three configurations of joint criminal enterprise integrated by the Appeal Chamber in the TADIĆ case and the responsibilisation of superiors intend to target “true” responsibilities and to act as a deterrent at the same time. Furthermore, in order to define war crimes, the international criminal tribunals had to analyse – and affirm – the “state” of the customary international humanitarian criminalized law concerning international and internal armed conflicts. The purpose of this thesis is to emphasize the strong determination of their case law, which will inspire the International Criminal Court
Loyant, Jean-Philippe. "Le concept de crimes de guerre en droit international." Paris 2, 2010. http://www.theses.fr/2010PA020112.
Full textEl, Baroudy Jinane. "La sanction du crime international d’agression : perspectives de droit international et de droit comparé." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA015.
Full textThe lack of definition of the international crime of aggression, described as the mother of all international crimes, by the International Criminal Court, and the inability of the Security Council to qualify and punish such violations to establish justice and peace, participate that the aggression, through the use of armed force, remains unfortunately nowadays a tradition as often as dangerous. Beyond the conceptual difficulty, there is another problem that is as difficult to overcome in the national and international scenes, namely identifying the way to repress these wars. The lack of identification of the authors of these wars and the non-recognition of the victims lead to lack of punishment which is the main source of repetition of the violations by the great powers.In order to know whether it is realistic and appropriate to prosecute this crime as an act of the State, without forgetting the individual dimension of the act, the purpose of this research was to identify all remedies whether through the courts or by political means (the UN, regional organizations, national parliaments, public opinion). Concerning judicial matters, this research analyzes internal repression by the judge (in the French, German, American and English systems) and by the international judge to the International Criminal Court and other international tribunals. This thesis aims to present all real possibilities of engagement and liabilities for international crimes of aggression, whether these are treated as major political mistakes or crimes, through an analysis of the obstacles encountered by the application of international and domestic laws in the context of crimes of aggression
Fares, Philippe. "La Communauté internationale et la lutte contre le terrorisme." Strasbourg, 2009. http://www.theses.fr/2009STRA4013.
Full textThe fight against terrorism for decades is a major concern of the international community. Taking account of this struggle began in 1937 when the League of Nations discussed a charter for the prevention of terrorism. After 1945, the United Nations form the essential framework of the struggle that intensified after the bombing of Munich in 1972, and each will react to terrorist activity by the adoption of international conventions. However, the impact of 11 September 2001 and they have driven developments in the fight against terrorism on the evolution of the international legal order is to say the least. On the one hand, international law appeared to the States as an instrument of choice to organize the suppression and prevention of acts of terrorism and significant legal developments have occurred in this context. On the other hand, however, the international legal system has suffered since the beginning of the new millennium, a "test case" unprecedented, the relevance of some of its most basic standards being very seriously questioned by various states with regard to the requirements stated in the fight against terrorism
Santa-Anna, Dahirou Olatundé. "Conflits internes, crises humanitaires et droit international." Limoges, 2011. http://www.theses.fr/2011LIMO1012.
Full textTwo phenomena destabilize the internal order of States and the international order. These are internal armed conflicts and humanitarian crises. Their conceptualization, definition and subjection to International Law wich is built upon the interests of States and hence their sovereignty, have long engendered resistance. Unlike armed conflicts of an international character, internal armed conflicts have long been subject to the domestic law of States. Humanitarian crises, for their part, although usually associated with internal conflicts, have not led to a generally accepted definition even though they are subject to operational management and have led to the development of an interventionist approach. With the end of World War II and the Cold War, the ensuing myriad changes in the international system increased the magnitude and complexity of internal conflicts and humanitarian crises and led to a gradual development of International Law characterized by the normative and operational management of both internal conflicts and humanitarian crises, including the development and affirmation of standards for the protection of human rights, the implementation and modernization of existing mechanisms, and the emergence of new players on the international scene whose competences reflect only a partial erosion of the sovereignty of States, wich remain essential subjects of International Law, both in its development and its implementation
Cocan, Silviana-Iulia. "Le dialogue entre juridictions et quasi-juridictions internationales de protection des droits de la personne : l'exemple de la prohibition de la torture et autres peines ou traitements cruels, inhumains ou dégradants." Doctoral thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/69901.
Full textDans l’ordre juridique international, les organes de protection des droits de la personne sont de nature différente, indépendants et non hiérarchisés. Le phénomène du dialogue juridictionnel est une pratique spontanée qui consiste pour un organe de protection à intégrer dans le processus d’interprétation d’une disposition donnée, des éléments étrangers à son système, qu’il s’agisse de décisions ou d’instruments de protection émanant d’autres organes. Dans cette étude, le dialogue est illustré avec la jurisprudence interprétée à l’aide de ces éléments extrasystémiques en matière de prohibition de la torture et autres peines ou traitements cruels inhumains ou dégradants. Cette interdiction est à la croisée du droit international des droits de l’Homme, du droit international humanitaire et du droit international pénal. Ainsi, les éventuelles violations peuvent engager, de manière complémentaire, la responsabilité internationale de l’État et la responsabilité pénale individuelle. Le dialogue jurisprudentiel est envisagé comme une technique interprétative permettant d’aboutir à des interprétations communes du contenu, du sens et de la portée de cette interdiction bien que ces interprétations partagées puissent être extensives ou restrictives. En effet, le dialogue permettra de mettre parfois en lumière des positions internationales communes justifiant des interprétations extensives en faveur de la personne humaine. L’interprétation unanime des rapports complémentaires entre droit international des droits de l’homme et droit international humanitaire ou à l’égard de l’application extraterritoriale des traités de protection des droits de l’homme a un impact sur les rapports entre systèmes juridiques et entre ordres juridiques. L’extraterritorialité élargit les espaces protégés par des instruments conventionnels, en contribuant ainsi à un renforcement de la perméabilité entre les normes internationales de protection des droits de la personne et une concrétisation de leur intérdépendance matérielle. Toutefois, le dialogue sera parfois un instrument d’éclairage des positions divergentes découlant de l’absence de consensus dans l’ordre juridique international. C’est le cas lorsqu’il sera question de déterminer précisément les effets d’une norme impérative qui se heurte à la règle des immunités en droit international. L’étude interroge l’étendue et la teneur du pouvoir juridictionnel dans l’ordre juridique international ainsi que sa capacité à aboutir à une convergence normative en matière de protection des droits de la personne, qui découle d’une convergence interprétative. La notion d’interprétation globale par contextualisation normative et systémique renvoie à la confrontation d’une disposition donnée aux autres normes internationales qui lui sont analogues et aux autres systèmes juridiques qui sont semblables au système d’origine de l’interprète, dans laquelle la disposition s’inscrit. Ainsi, il s’agit de montrer que les organes internationaux de protection des droits de la personne, malgré leur diversité, font usage de méthodes d’interprétation communes contribuant à définir le sens, la portée et le contenu des normes. Grâce au dialogue juridictionnel, ils s’inscrivent dans un processus d’autorégulation, entre autoélargissement de leur pouvoir d’interprétation et autolimitation de leur marge d’appréciation, par la confrontation aux éléments extrasystémiques. Implicitement, le dialogue joue le rôle d’un outil de régulation et de coordination qui s’impose spontanément dans la pratique interprétative des organes internationaux, contribuant à l’émergence d’un objectivisme jurisprudentiel. Ce dernier tend à s’opposer au volontarisme étatique dans un but de protection de l’ordre public international et de garantie des droits de la personne.
In the international legal order, international bodies protecting human rights are both of a different nature and independent. Indeed, a hierarchical principle of organization still remains unknown and multiple legal systems protect human rights. Judicial dialogue consists in referring to decisions or international instruments that are external sources to the system in which the international body has to exercise its power of interpretation. In this study, the example of the prohibition of torture and other cruel, inhuman or degrading treatments will be used to illustrate this spontaneous practice. This prohibition is at the crossroads of international human rights law, of international humanitarian law and of international criminal law. Therefore, its violations can both engage the international responsibility of State and the individual criminal responsibility.Judicial dialogue is seen as an interpretive technique, allowing to reach common interpretations of the substance, the meaning and the scope of this prohibition. Nevertheless, the use of external sources does not always lead to extensive interpretations since it can also highlight disagreements in which case restrictive interpretations are inevitable. Sometimes, this spontaneous practice will show the existence of international common positions regarding certains aspects of human rights. It is the case regarding the entrenched consensus of the complementarity between international human rights law and international humanitarian law and concerning the extraterritoriality of human rights treaties. This acknowledgement expands States jurisdiction and strengthens the protection offered to the individuals, while increasing interactions between international legal systems protecting human rights and therefore showing a state of substantive interdependence. The lack of consensus in the international legal order will be the ultimate limit to constructive judicial dialogue. Indeed, the latter will emphasize divergent positions in matters of interpretation. One of the most significant examples is the trouble to determine precisely the effect of peremptory norms such as the prohibition of torture when it encounters immunities in international law. This study also questions the content of the international judiciary and its capacity to reach a normative convergence through the use of external sources that shows an interpretive convergence in the first place. The notion of global interpretation through normative and systemic interactions means confronting international legal norms which are similar, even though they were adopted separate and independent systems, in order to reach a better interpretation. This study attempts to show that even though international bodies rotecting human rights are quite different and formally independent, they tend to self-regulation by using external sources. Indeed, the spontaneous practice of judicial dialogue will allow both a process of self-limitation by referring to other sources in order to interpret a given legal provision, since it means including optional limits to the margin of appreciation. At the same time, the use of external sources will also lead to a self-expansion of the possibilities in matters of interpretation by taking into account solutions that were found by other legal interpreters in comparable legal disputes. Therefore, it appears that the international jurisprudential dialogue can both contribute to coordinate and harmonize the application and interpretation of international human rights law.
Abou, Rawach Eid. "Recherche sur les clauses exonératoires de responsabilité dans les contrats du commerce international." Paris 1, 1998. http://www.theses.fr/1998PA010278.
Full textDespite the significance of the exemption clauses in international transactions, the notion of such clauses suffers from great obscurity. In addition, there has been no unified criteria to determine the validity of these clauses. This question of validity is currently left to the authorities of national laws. The goal of study is to define the notion of the exemption clauses by setting a uniform criteria for these clauses. First, the study examines the difficulties surrounding this notion which arise from the existence of two different types of responsibilities as well as the existence of similar clauses that could be wrongly identified as exemption clauses. Second, the study evaluates the criteria used to determine the existence of an exemption clause. This criteria considers any clause that diminishes the contractual responsibility an exemption clause. This approach is criticised as it leads to an exaggerated enlargement of the notion of the exemption clauses and therefore causes many inconveniences. The study suggests a new criteria for the exemption clauses. This criteria can work as a uniform rule of international business law. Our criteria is based on the parties' intentions which can be uncovered from the contracual terms determining the feasible damages. For the question of the validity of an exemption clause, the study attempts to find the most suitable solution given the context and special characters of international business contracts. The study proves that the exemption clause is an essential part of the contractual equilibrium. Therefore, the criteria used to judge the validity of an exemption clause has to consider the effect this clause has on such equilibrium. The solutions of conflict of laws are also examined in order to determine the applicable law on the validity question. Moreover, the study investigates the role of public policy rules in preventing the applicability of certain exemption clauses
Bourguele, Bhare Alfred. "Les sociétés transnationales et le droit international des droits de l'homme : une contribution à l'étude de la responsabilité des STN en droits de l'Homme." Nice, 2006. http://www.theses.fr/2006NICE0060.
Full textUntil recently, liability in the field of human rights had only been considered with respect to individuals. Yet, the current economical context reveals a new aspect of the liability matter in the area of human rights. Indeed, violations of human rights are not only held on the account of sovereign states or individuals, but also firms especially transnational coporations. The purpose of our research is to aim at contributing to the study of liability of transnational corporations in international human rights law. The current evolution of transnational corporations is characterized by a state of impunity in international law. The legal framing of these entities lies on soft law, in other words, on a non-restricting normative corpus made up of codes of conduct. These codes of conduct have on one hand an internal basis when they are established by independent groups such as the International Labor Organization (ILO) and Organisation for Economic Co-operation and Development (OECD). These non-restricting measures cannot respond to the concerns relating to human rights protection in the sphere of transnational corporations. Therefore, a restricting regulation in this area is needed. This is the undergoing perspective which is notably currently undertaken by the project of the United Nations including norms relating to the accountability of transnational corporations in the field of human rights. This pilot project is far from reaching perfection for it does not take into account several legal concepts inherent to the liability of transnational corporations. This includes concepts such as common liability of head firms along with their branches and subcontractors or also the liability of transnational corporations executive. .
Ouedraogo, Ahmed Sidwaouga. "Les états africains et la justice pénale internationale." Le Havre, 2013. http://www.theses.fr/2013LEHA0005.
Full textThe International Criminal Court is the symbol of the international criminal justice because it is the first international permanent criminal jurisdiction in the world. Furthermore, the African States represent the most important group in term of members States. However, the international criminal court prosecutes only individuals, responsible for the violation of international humanitarian law and international human rights law. And since the beginning of the Court activities, African citizens were prosecuted and the first condemnation of the International Criminal Court is about an African. Then, due to these situations, some opinions inside African States think that the Court was created for Africans. The international criminal justice is not limited to the International criminal Court and has implications in global skills such as democracy, good governance, human rights and peace. The African States particularly suffer for lack of democracy and the international criminal justice is a way for these countries to develop themselves by building peace and justice
Yankulije, Hilaire. "Le contentieux international pénal dans les pays inter-lacustres d’Afrique : de la guerre froide a la cour pénale internationale." Thesis, Perpignan, 2017. http://www.theses.fr/2017PERP0058.
Full textThis thesis aims at making an update compilation of the all crimes perpetrated in Democratic Republic of Congo, in Burundi in Uganda and in Rwanda. The above said crimes are those related to the international law judged and those to be judged by international criminal courts and tribunals. Our thesis articulates around four main sub topics. The first consist of studying the high moments of international criminal law and the place of this branch of law in international law arena. The second studies the high moments of mass killings in the inter-lacustrine region of Africa while the third identifies the crimes against the peace and security of humanity perpetrated in the above-mentioned region. These crimes include genocide, crimes against humanity and war crimes. The fourth and final area of focus demonstrates the forms of international criminal responsibility developed by Law case in International Criminal tribunal for Rwanda and in International criminal court as well. The present research explores broadly the genocide perpetrated against Tutsi in Rwanda and focuses on the elements of the massacres perpetrated against the hutu communities in Burundi, Rwanda and Democratic Republic of Congo on which genocide hypothesis is highly advanced by international community and some scholars. Moreover, this research has analyzed the jurisprudence of international courts and tribunals to study contextual elements and additional infractions to war crimes, and crimes against humanity. It provides a typical and comprehensive understanding of the groups protected by the international humanitarian law conventions and the scenarios in which this right has been violated. At the end, this work examines the liability in the crimes against the peace and security of humanity that have triggered the responsibility of criminals. The collective types of participation including joint criminal enterprises and command responsibility by taking the cases of study the massacres perpetrated in the above-mentioned region
Tougas, Marie-Louise. "La prise en compte normative internationale des activités des sociétés militaires privées dans les zones de conflit : entre incertitudes et responsabilités." Doctoral thesis, Université Laval, 2011. http://hdl.handle.net/20.500.11794/22450.
Full textWurtz, Karine. "L'apport des théories morales de la responsabilité pour penser l'imputabilité des crimes de guerre." Paris 1, 2010. http://www.theses.fr/2010PA010573.
Full textWane, Bameme Bienvenu. "La responsabilité pénale pour crime de guerre : étude comparée des droits français et congolais." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1070.
Full textFor a little over a decade, the rules of criminal responsibility for war crimes have been major changes under French and Congolese. States show a certain reluctance to face the international regulation of war crime. Indeed, the compliance of national rules with international instruments resulted in the legislation of these states, as in some others besides, two successive steps: the internalization of notions of crime and war criminal and outsourcing structures and mechanisms for establishing accountability. First, the international crime of war is redefined according to the understanding and the usual concepts of internal laws of the States. It is therefore sometimes partially correctionnalisé and therefore subject to the law of any other crime or misdemeanor domestic, namely the rules of prescription. Sometimes, though retaining its character as an international offense, this crime is enshrined in legislation military without specifying the facts constituting and penalties proved to the author
Bannelier, Christakis Karine. "La protection de l'environnement en temps de conflit armé." Paris 1, 2000. http://www.theses.fr/2000PA010331.
Full textMasuemi, Hervé Nora. "Le droit international et les enfants soldats." Thesis, Rennes 1, 2019. http://www.theses.fr/2019REN1G021.
Full textChild soldiers represent most of the main concern of the international community. In that respect, humanitarian, human rights and criminal branches of international law regulate their state and protection. Still, an asymmetrical protection in international humanitarian law is observed as well as a lack of specific status and consideration of girls child soldiers victims of sexual violence. Regarding international human rights law, its rules contain a stronger legal regime against child soldiers recruitment and participation in hostilities and it has an international control system to ensure compliance with its provisions. However, difficulties appear in the plurality of terms used as well as in effective exercise of individual mechanisms and normative protection of criminal child soldiers asylum-seekers or child soldiers victims of sexual violence. With regard to international criminal law, the main goal of that branch is the protection of a particular social order by punishing perpetrators of unsustainable crimes. But, in the meantime, indictment of child soldiers responsible for crimes under international law or violations of international humanitarian law in the international order, is not an option. Thus, the criminal branch criminalize conscription, enlistment and use of children under the age of fifteen to participate actively in hostilities and prioritize child soldiers victim status. It is therefore up to each State to prosecute child soldiers perpetrators within the domestic legal order through their justice system or, to establish truth and reconciliation commissions that child soldiers participate in
Bassel, Mohammad. "La responsabilité pénale internationale des chefs d’état pour les crimes les plus graves qui touchent la communauté internationale." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3017.
Full textThe status of the Head of State and governments, which was already no longer an insurmountable obstacle to prosecution since Nuremberg law, has emerged as a threatened bastion. The traditional principles of international law as the immunity of Heads of State, the protection of the representative function and state sovereignty allowed the rulers to escape criminal prosecution. International law, which is simply analyzed as an interstate law, has undergone profound changes. This right is no longer limited only to States: new topics as new emerging areas of competence (areas of competence or fields of jurisdiction). Individuals have taken an increasingly important role in the international law with the concerns of humanity to prevent atrocities which the world has already known on the occasion of various armed conflicts. The responsibility of the Head of State is therefore no longer a matter of a domestic order, but also an international one, with the emergence of a new branch of international law: international criminal law. New trends in the international criminal law, marked by the increasing demand for dealing with the most serious crimes, henceforth oppose to the classical conception of immunity that has prevailed for a long time in the international legal order, and aim at reducing the State cause. This movement starts from the idea according to which "we can no longer accept the idea of immunity when a crime is committed that undermines the very foundations of the international community and revolts the conscience of all mankind." This awareness of the incompatibility between immunities and human rights is developed through the evolution of the international protection of human rights in favor of "immunization" of the regime of immunities of rulers, State bodies responsible for serious violations of international Law. Despite some misgivings, the criminal responsibility of the Head of State is a reality that should be universally endorsed and supported
Devouèze, Nelly. "Le droit à l'intégrité physique et mentale dans la jurisprudence internationale pénale." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D008.
Full textThe roots of international criminal law may be found in the individual criminal liability of the major criminals of the Second World War. The Nuremberg and Tokyo International Military Tribunals were followed in the 1990's by the two ad hoc Tribunals for Former Yugoslavia and Rwanda, created by the United Nations Security Council, and then in 1998 by an independant and permanent tribunal with a universal vocation : the International Criminal Court. Among the underlying acts of war crimes, crimes against humanity and genocide, a leitmotif stands out : physical and mental integrity. Without a uniform definition in national legal systems, this notion is defined on the basis of statutory provisions and becomes clear in the international criminal tribunals' case law. Establishing an autonomous right to physical and mental integrity in terms of genocide and war crimes, the case law of ad hoc tribunals alsouses the notion to complete the liste of underlying acts of crimes against humanity and to define some other crimes. Chambers are also protecting this integrity without any incrimination. Because beyond physical and mental integrity of victimes, arises the question of the physical and mental integrity of other actors of conflicts and proceedings : soldiers, humanitarian workers, witnesses and accused.Studying the right to physical and mental integrity in international criminal case law uncovers the emergence of a right unknown to national legal systems as such. This right raises questions of legal certainty as much as demonstrates the autonomy of international criminal law
Sarajlija, Sanja. "La Bosnie-Herzégovine et le juge international : Les individus de l'Etat face à la justice internationale." Strasbourg, 2011. http://www.theses.fr/2011STRA4008.
Full textFurther to serious violations of international humanitarian law committed in the territory of the former Yugoslavia, the Security Council established the International Criminal Tribunal for the former Yugoslavia. The jurisprudence of the tribunal concerning the territory of Bosnia and Herzegovina was particularly important for its contribution to international criminal law. Crimes committed in Bosnia and Herzegovina have not been treated only with regard to individual criminal responsibility, but also in relation to State responsibility. On 26 February 2007, the International Court of Justice issued its judgment regarding responsibility of Serbia for genocide committed in Bosnia and Herzegovina. The International Court of Justice has provided many details on the matter. Thus, for crimes committed in Bosnia and Herzegovina during the armed conflicts, international justice is faced with many complexities. Indeed, in this case, there is the relationship between individual criminal responsibility and State responsibility
Philip-Gay, Mathilde. "L'amnistie des dirigeants politiques : contribution à l'étude de la responsibilité en droit constitutionnel comparé et international." Lyon 3, 2005. http://theses.univ-lyon3.fr/documents/lyon3/2005/philip_gay_m.
Full textSt-Michel, William. "Le lien entre les actes incriminés en tant que crimes contre l'humanité et l'attaque généralisée ou systématique : qui trop embrasse peut mal étreindre." Master's thesis, Université Laval, 2013. http://hdl.handle.net/20.500.11794/24614.
Full textActs penalized as crimes against humanity under the statutes of the international criminal judicial bodies can be distinguished from crimes punished under national law by the fact that they form part of a widespread or systematic attack directed against a civilian population and that they are committed with knowledge of such attack. Though crucial, the requirement relating to the nexus between the underlying act and the attack has been scarcely addressed by the case-law of the international criminal judicial bodies. This thesis aims to delineate the nexus requirement. In the first two chapters, we will analyze the material and mental aspects of the nexus requirement. Considering that crimes against humanity involve a plurality of participants, we will determine in the third chapter whether the guilt of an accused who is not a material perpetrator depends on the proof that his / her own conduct and knowledge were related to the attack.
Novati, Daniela. "Réticences des Etats et érosion de la compétence de la Cour pénale internationale." Thesis, Dijon, 2013. http://www.theses.fr/2013DIJOD003.
Full textThe failure to make international criminal law imperative and the resulting fragility of international criminal justice should not be understood as the consequence of a normative choice toward a jurisdictional model, be it ad hoc or conventional. Rather, it derives from the State's weaknesses and reluctance to abide by the chosen norm. This is clearly confirmed by the very way the International Criminal Court was implemented, functions and is being sadly circumvented. Instead of bolstering the fight against impunity, it focuses on the fight for the “justiciability” of the perpetrators of the most serious crimes, resulting in subsequent negative effects on Humanity’s consciousness: crimes against humanity, crime of genocide, war crimes and crime of aggression. Owing to the fact that a State's primary concern is its own sovereignty, the biggest obstacle the Court has to overcome remains that at any moment, directly or indirectly, its competence can be intentionally overruled by any State, signatory or not of the Treaty of Rome. Observing State strategies shows that relinquishing one’s repressive authority is generally seen through a negation of formerly made commitments: some States dissociate from the repression monopoly they disclaim. Conversely, the legitimate exercise of a State’s repressive authority can easily result in regular obstruction of international jurisdiction, and even the refusal of the imperative law that governs it. Without any genuine recognition of international jurisdiction, such attitudes have undeniable serious consequences that far outreach the imagination. The only solution is cooperative and constructive behavior, free of opportunistic and selfish compromises of States. This behavior could protect against the current risk of the progressive erosion regarding shared punitive organization which States themselves implemented through the creation of the International Criminal Court. The result would guarantee the punishment of perpetrators of unbearable crimes
Guematcha, Emmanuel. "Les commissions vérité et les violations droits de l’homme et du droit international humanitaire." Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100202.
Full textIn time of transition or in post conflict situations, many truth Commissions have been increasingly created within many States to deal with a past caracterised by many human rights and international humanitarian law violations. Because they are dedicated to investigate violations of established rules of international law, the question emerge on their relationships with international law. Their formal characteristics and their flexibility, their use of international law and the focus and attention they give to the victims of these violations, make them appear to be an innovative mean allowing specific review of violations of human rights and international humanitarian law. However, because there are non-judicial bodies and taking into consideration the developments of international law, they raise questions about responsibility for these violations and international obligations of the State in this regard, and lead to the requirement of prosecution and the implementation of criminal liability for the serious violations they reported
Hassoumi, Kountche Boubacar. "L'application du droit international humanitaire et des droits fondamentaux dans les conflits armés auxquels prennent part des entités non étatiques." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMC002/document.
Full textWhen the instruments of international humanitarian law had to be modernized, the non-international armed conflict was an epiphenomenon and its advent has always been considered a disruptive element of a deeply internationalized international scene. Nevertheless, the growing importance of this type of conflict has highlighted the ever-increasing role of a new type of actors, namely non-State armed groups. From now on, they are the major actors of conflicts largely majority. For this reason, we believe that it is time to change the approach and review the solutions proposed in the applicable international instruments. For all these reasons and to adapt the law to the realities of current conflicts, an approach stripped of any ideological and pejorative burden must take precedence over the current one. Similarly, it is fundamentally necessary to make these groups bear the consequences of their actions by committing their international responsibility
Le, Boeuf Romain. "Le traité de paix en droit international public." Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100046.
Full textPeace treaty is an international legal act of a contractual nature, concluded by two or more States in order to end the war between them. Nevertheless, regarding both the circumstances of its conclusion and its content, this instrument is remotely compatible with the classical figure of international treaty. The requirement of free and equal wills faces both the existence of a prior use of force and the lack of reciprocity on the agreed rights and obligations. This does not mean that the instrument is solely the product of two forces confronting each other. In practice, the winner does not arbitrarily dictate its terms to a coerced vanquished. On the contrary, a peace treaty finds itself at the intersection of several legal mechanisms which partly determine the content and the extent of the respective rights and obligations of belligerents. Those mechanisms are mostly borrowed from the law of international responsibility and the law of collective security. They invite to consider the peace treaty not as the product of the exclusive application of the law of treaties, but as the result of simultaneous and potentially conflicting requirements of different bodies of rules. This dynamic approach of the instrument brings a new light on the substantive rules governing the end of international armed conflicts. It also permits to discuss certain representations sometimes hastily associated with the very concept of treaty
Mantilla, Martinez Marcela Ivonne. "La responsabilité des entreprises transnationales en droit international des droits de l'homme et en droit international humanitaire : le cas du secteur énergétique." Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111009/document.
Full textSoft law mechanisms have played a central role in developing the current notion of the responsibility of transnational corporations in human rights as defined in the Guiding Principles on Business and Human Rights, an initiative approved by the United Nations Human Rights Council in June 2011. Corporate responsibility to respect human rights, as defined by the Special Representative, is based on social expectations rather than on legal obligations. It means that companies should “avoid prejudice to the rights of others and to address adverse impacts on human rights in which they are involved”. The limitations of this approach are important in medium and long term. Although the pragmatic approach adopted by the Special Representative has closed the international community debate on the Draft Norms on the responsibility for human rights and transnational corporations and other business enterprises, it also ends the chances of developing an international instrument requiring binding obligations in human rights for transnational corporations. Setting the notion of the responsibility of transnational corporations in human rights exclusively on social expectations seems unsatisfactory and dangerous towards victims of violations committed by these economic actors. Responsibility to respect human rights as defined today reinforces the acceptance of a system where transnational corporations are encouraged but are not compelled to respect human rights, a solution that leaves victims of abuse devoid of any legal action and redress. The purpose of this PhD thesis is to present briefly the evolution of the responsibility of transnational corporations in the energy sector in human rights and international humanitarian law from its origins to our days, as well as to understand the main limitations of the current concept in order to explore potential solutions
Baruani, Saleh José. "Le tribunal pénal international pour le Rwanda et l'accusé : la fonction juridictionnelle face aux objectifs politiques de paix et de réconciliation nationale." Reims, 2010. http://www.theses.fr/2010REIMD006.
Full textThe International Criminal Tribunal for Rwanda in appearance created to try to prosecute perpetrators of violations of international humanitarian law which were committed in Rwanda in 1994. The preamble of Resolution 955 of the Security Council United Nations, which is the source of that court, said that this main organ of the United Nations was convinced that the advent of international criminal justice for Rwanda would contribute to peace and national reconciliation. Fifteen years after its creation, the exercise of the judicial function, by protecting the accused in terms of fair trial, and the establishment of their international criminal responsibility, does not therefore allow these political objectives. The main reason lies in the fact that the architecture of international criminal trials takes part not much in the achievement of such a political design policy. Includes through the function of the penalty, which applies only to the retributive function and not rehabilitative, and the absence of the victim as a partner in a plan that was first created for her, and this, on behalf of human rights. In addition, the progressist approach, although present in the interpretation of rules, influenced moreover by political considerations (diplomatic) did not allow this Court to express itself as a real court, including through the protective function of the defendants. It shows well the challenges faced by the international criminal court to extricate formalism law enforcement due to its international character, without the risk of distorting the judicial nature, and therefore repressive
Karimzadeh, Meibody Anahita. "Les enfants soldats : aspects de droit international humanitaire et de droit comparé." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA003/document.
Full textThe uncontrolled spread of the phenomenon of child soldiers culminated in such a point during the 1990s that the international community was forced to strengthen the protection of children by introducing additional safeguards for children affected by armed conflict. Some of the main explanations for the rise of the phenomenon of child soldiers have been: areas of political instability, conflicts and almost universal impunity in cases of serious human rights violations. The objective of putting an end to the illegal involvement of children in armed conflict required close cooperation between all states concerned. Yet, legal complications did not take long to appear. Moreover, the diversity of legal systems and the variety of doctrinal approaches to the definition of the term "child" made a consensual approach difficult. The international criminalization of recruiting children, defined as a war crime, was just the beginning. The issue of justice in countries emerging from conflict is still relevant today and the adoption of other forms of justice is essential in the process of reconciliation and reintegration of former child soldiers. The criminal accountability of child soldiers is examined in its dual aspect of victim/executioner, addressing some emblematic cases
Petit, Camille. "L’obligation de protéger du chef d’État : contribution à l’étude de la « responsabilité de protéger » en droit constitutionnel comparé et en droit international." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020036.
Full textThe political concept of the “responsibility to protect” was adopted in 2005 to prevent and p ut anend to criminal atrocities. The apparent consensus over its first pillar, the State’s obligation to protect its populations, has resulted in a lack of institutional analyses regarding its combined comparative constitutional and international aspects. Importantly, the State’s obligation rests in particular with the Head of State. The obligation to protect is common to all heads of state, but it also differentiates among them, depending on whether their obligation is State-oriented (with the aim to protect the State, even if that requires the suspension of the rule of law) or Rule-of-law oriented (with the aim to protect a liberal constitutional order while always subjecting political actionto the rule of law). The thesis begins with an analysis of the sources of law relating to the Head of State’s obligation to protect, as it was successively theorised, constitutionalised and internationalised. It then turns to the execution of this obligation, which derives from the Head of State’s prerogatives, the relevant immunities involved and available institutional review over his orher activities. The study of the sources reveals that the Head of State (at the interface between the domestic and the international legal orders) is bound by a specific obligation, which exceeds the confines of the obligations of either the State or the individual. This obligation is both negative and positive as it requires both not to commit crimes against the population, and to prevent and put an end to such crimes. Its international dimension supplements the missing parts in the Constitutions.The execution of this obligation, by the implementation of the Head of State’s prerogatives, is subject to an increasing political and judicial control. However, this control remains under construction due to a lack of systematic and institutionalized international political responsibility. The thesis concludes that the “responsibility to protect” could be usefully “individualized” and enriched by institutional supervision and judicial review of the Head of State’s obligation to protect
Hassan, Kamal. "Le statut des tribunaux ad hoc en droit international pénal." Thesis, Tours, 2015. http://www.theses.fr/2015TOUR1005/document.
Full textThe purpose of this thesis is to examine the ad hoc tribunals by analysing their definition in international public law, their founding legal principles, their jurisdiction over international crimes and their goals to determine wether there is a common international status for these tribunals.The implementation of the first ad hoc tribunals on the international stage after World War II, the IMT of Nuremberg and Tokyo, was due to the inability or unwillingness of the internal judicial system in the countries concerned to bring the perpetrators of war crimes to justice.Subsequently, nine ad hoc tribunals were established (either unilaterally by the Security Council or through an international agreement) with a view to prosecute the most monstrous crimes, such as crimes of genocide, crimes against humanity and war crimes. In this respect, we can say that the ad hoc tribunals benefit from all the mechanisms required to be efficient, such as individual criminal responsibility, primacy over nation courts and the obligation of States to cooperate,and they have succeeded to achieve the purpose of justice.However, in addition to their natural function to ensure justice, these tribunals had been given a further aim : to achieve international peace and security. They were not able to achieve this aim, because a legal body cannot reach a goal whose motives are political.After studying the status of the ad hoc tribunals and thus necessarily analysing all the texts which organise the function of these tribunals, we are in a position to confirm that the ad hoc tribunals will not be replaced by other judicial bodies, such as transitional justice or universal jurisdiction.Moreover, despite the entry into force of the ICC as a permanent court in 2002, new ad hoc tribunals will be established. Their status could be based on the common status and on our proposals
Kouassi, Améyo Délali. "La responsabilité internationale pour violation des droits de l'homme." Thesis, Poitiers, 2016. http://www.theses.fr/2016POIT3002.
Full textBeing probably one of the phenomena that has most marked international law since 1945, the internationalization of human rights has left marks that are noticeable in the international legal order, particularly in the international responsibility law. The present study aims to highlight the influence of human rights and the values they incarnate in the law of international responsibility. This influence has resulted in an objectification of international responsibility with the elimination of the damage as an element of that mechanism. In addition, human rights have contributed to prepare the ground for the emergence, consolidation and the gradual enrichment of the concept of erga omnes, factor favoring a multilateral approach to international responsibility. The influence of human rights on the law of international responsibility is mainly manifested through the ability now recognized to individual victims to have direct access to international courts to assert their rights. All these developments, which reveal the increasing importance given to the individual on the international scene and the desire to make the protection of human rights a concern for the international community, make the responsibility for violation of human rights a specific institution
Bardet, Marie. "La notion d'infraction internationale par nature : essai d'une analyse structurelle." Electronic Thesis or Diss., Bordeaux, 2020. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247218820.
Full textThe notion of international crimes by nature appeared with the post-war trials and has strengthened along with the development of international criminal law. If today the notion is fully recognized, it is still ill defined. It is generally recognized that the notion contains the most serious crimes but this criterion is much too elusive to be the basis of the notion’s definition. The purpose of the study is to clarify the contents and outlines of this particular legal category, by identifying stable criteria from the category’s crimes, that is to say crime of aggression, war crime, crime against humanity and genocide. Their legal structure provides a suitable starting point for the study. Indeed, all the crimes are organized around two elements : one contextual element and one individual element. The systematization of the crimes through these two components is conclusive. Such a systematization enables the identification of criteria to cover all the crimes considered and to gather them under a unitary notion. Therefore, the systematization reveals the originality of the conduct punished by the notion of international crimes by nature