Duality of responsbility in international law : the individual, the state, and international crimes

著者

• Weatherall, Thomas

書誌事項

Duality of responsbility in international law : the individual, the state, and international crimes

Thomas Weatherall

（Theory and practice of public international law / series editor, Vincent Chetail, 5）

Brill Nijhoff, c2022

• hbk.

注記

Includes index

内容説明・目次

内容説明

The responsibility of individuals and that of States under international law are generally regarded as independent systems. Each is a distinct form of responsibility governed by a different set of rules. The separability of these two forms of responsibility does not, however, dictate that they necessarily operate in isolation from one another. To the contrary, linkages between the fields of individual and State responsibility define the parameters of the principle of duality of responsibility in international law. Duality of Responsibility in International Law offers a roadmap to help navigate this complex legal space.

目次

Foreword Preface Abbreviations About the Author Table of Cases Introduction part 1 Parameters of Responsibility 1 Subjects of Responsibility under International Law a The State as a Subject of International Law b The Individual as a Subject of International Law c Duality of Responsibility in International Law 2 Primary and Secondary Rules a Primary Rules i Individual-Directed Rules ii State-Directed Rules b Secondary Rules i Distinguishing Secondary Rules of Individual and State Responsibility ii Secondary Rules of Individual Responsibility iii Secondary Rules of State Responsibility iv Associated Secondary Rules 1 Consequences 2 Defenses 3 Jurisdiction 4 Immunity part 2 Breach 3 Crimes under International Law a Elements of Individual Criminal Responsibility i The Objective Element ii The Subjective Element b An Element Approach to Crimes 4 Internationally Wrongful Acts a Elements of State Responsibility b Two Categories of Primary Rules c Concurrent State Responsibility i Peremptory Norms and their Correlates ii Acta Jure Imperii iii Crimes of States iv Aggravated State Responsibility d Complementary State Responsibility i Obligations Erga Omnes ii Implications of Distinct Primary Rules 1 International Crime as a Prerequisite 2 Attribution of International Crime not a Prerequisite 3 No Mitigation of Concurrent Responsibility for an International Crime 5 Breach and the Interaction of Primary and Secondary Rules a Relationship between Elements of Individual and State Responsibility b Sources of Law c Standards of Proof part 3 Attribution 6 Rules of Attribution in International Criminal Law a Modes of Attribution i Commission 1 Direct Perpetration 2 Indirect Perpetration 3 Joint Criminal Enterprise ii Encouragement 1 Planning 2 Ordering 3 Instigating iii Assistance 1 Aiding and Abetting 2 Assisting in Commission of a Crime by a Group iv Superior Responsibility v Inchoate Offences 1 Attempt 2 Conspiracy 3 Incitement b Conclusions i Relevance to Attribution in the Law of State Responsibility ii Identifying the Parameters of Modes of Attribution iii Methodology and Sources of Law 7 Rules of Attribution in the Law of State Responsibility a Modes of Attribution i State Organs ii De Facto State Organs iii Ultra Vires Conduct iv Other Circumstances in which Conduct may be Attributable to the State 1 Instruction of the State or under its Direction or Control 2 Exercise of Governmental Authority in the Absence of Official Authority 3 Insurrection 4 Conduct Acknowledged and Adopted by the State b Conclusions i Secondary Rules of General Applicability ii Actions and Omissions 8 Convergence and Divergence in Attribution a Principles of Attribution: Culpability and Objectivity Distinguished b Double Attribution c International Crimes, Official Capacity, and Attribution to the State d Crimes under International Law Performed in a Private Capacity e Attribution to the State and Individual Immunity Ratione Materiae part 4 Responsibility 9 Consequences a Consequences of Individual Criminal Responsibility i Purposes ii Penalties b Consequences of an Internationally Wrongful Act i Consequences for the Responsible State 1 Cessation 2 Reparation ii Consequences Beyond the Responsible State 1 Serious Breaches 2 Third-State Consequences c Non-Recognition and Non-Maintenance d Cooperation iii Standing 1 Common Legal Interest in Performance 2 Beneficiaries of Invocation of Responsibility e Differentiation in Forms of Responsibility and their Consequences 10 Defenses a Exclusion of Responsibility for Crimes under International Law i Failure of Proof ii Justification and Excuse b Circumstances Precluding Wrongfulness for Internationally Wrongful Acts c Points of Contact in Avoidance of Responsibility 11 Jurisdiction a Jurisdiction over Individuals under International Law b Jurisdiction over States under International Law c Divergence in Rules of Jurisdiction 12 Immunity a Immunity of Individuals under International Law i Immunity Ratione Personae 1 International Courts and Tribunals 2 Domestic Courts ii Immunity Ratione Materiae 1 International Courts and Tribunals 2 Domestic Courts iii Inviolability b State Immunity under International Law c Corresponding Divergence in Rules of Immunity part 5 Duality of Responsibility in International Law 13 The Legal Framework of Duality of Responsibility a Individual Responsibility b State Responsibility c The Relationship Between Individual and State Responsibility i Breach ii Attribution iii Responsibility 14 Conclusions Index

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詳細情報

• NII書誌ID(NCID): BD01283019
• ISBN:
  • 9789004505360
• 出版国コード: ne
• タイトル言語コード: eng
• 本文言語コード: eng
• 出版地: Leiden
• ページ数/冊数: xxxiv, 367 p.
• 大きさ: 24 cm
• 分類:
  • DC23 : 341.26
  • LCC : KZ4080
• 件名:
  • LCSH : Government liability (International law)
  • LCSH : Criminal liability (International law)
• 親書誌ID:
  • BB20406789