Overview

The Responsibility of States for International Crimes focuses on the concept of state responsibility for international crimes which gained support following the First World War, but was pushed into the background by the development of the principle of individual criminal responsibility under international law after the Second World War. The concept became the topic of debate and controversy upon its inclusion in Part I of the United Nations International Law Commission's Draft Articles on State Responsibility adopted on first reading in 1980. The book considers the history and merits of a concept which, it is argued, is currently on the threshold between lex ferenda and lex lata and has a place and an existence in international law independent from the Draft Articles on State Responsibility. It is divided into five parts. Part I consists of an historical introduction to the concept which deals, in particular, with the issue of international accountability following the First and Second World Wars and goes on to trace efforts to codify and develop the law relating to international criminal responsibility. In Part II, the concept is analysed in accordance with a criminal organization model and a corporate crime model and against this background the concept is found to be juridically sound. In Part III, eight candidate criteria and indicia are discussed which form a conceptual differentiation between between state crimes and other wrongful acts or delicts. On the basis of this analysis it is submitted that the concept is an emergent general principle of international law. Part IV considers the problems and modalities of punishing a state and addresses the question of an institutional framework for imposing criminal responsibility on states. The issues discussed in Part IV are found to confirm the concepts status as an emergent general principle of international law. An investigation into the status of the concept in contemporary international law is undertaken in Part V with particular emphasis on the 1948 Genocide Convention and the 1996 Judgment of the International Court of Justice in the Case Concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Preliminary Objections) between Bosnia-Herzegovina and Yugoslavia. It is concluded that the concept is emerging as customary international law.

Full Product Details

Author:   Nina H. B. Jørgensen (, Senior Legal Adviser for the Office of the Prosecutor, Special Court for Sierra Leone)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.30cm , Height: 2.50cm , Length: 24.20cm
Weight:   0.669kg
ISBN:  

9780198298618

ISBN 10:   0198298617
Pages:   376
Publication Date:   09 November 2000
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

PART I: Historical Introduction to the Concept of State Criminality 1: International Criminal Responsibility in the Two World Wars 2: Efforts to Codify and Develop the Law Relating to International Criminal Responsibility PART II: Juridical Status of the Concept of State Criminality 3: The Concept of Criminal Organizations 4: The Criminal Responsibility of Corporations Conclusion to Part II PART III: Candidate Criteria and Indicia for Idenitifying State Crimes Introduction to Part III 5: Jus cogens 6: Obligations erga omnes 7: International Community Recognition 8: The Seriousness Test 9: The Conscience of Mankind 10: Elementary Considerations of Humanity 11: Peace and Security 12: Individual Criminal Responsibility under International Law Conclusion to Part III PART IV: Practical Feasibility of the Concept of State Criminality Introduction to Part IV 13: The Problems and Modalities of Punishing a State 14: Punitive Damages in International Law 15: The Institutional Framework and Procedures for Imposing Criminal Responsibility on States Conclusion to Part IV PART V: Status of the Concept of State Criminality in Contemporary International Law 16: State Practice since the Second World War 17: State Criminality and the Significance of the 1948 Genocide Convention Conclusion Appendices

Reviews

... a thorough and meticulous study of the key issues and is of immense value to the research scholar. Democracy & Development - Journal of West African Affairs, Vol. 3, No. 1, 2002 ... this well-researched, thought provoking book is a most welcome addition to the growing literature on the subject. ... penetrating examination of State practice ... The work is thoroughly researched and presented in a convincing and persuasive style. International and Comparative Law Quarterly, Vol. 50, Oct 2001

... this well-researched, thought provoking book is a most welcome addition to the growing literature on the subject. ... penetrating examination of State practice ... The work is thoroughly researched and presented in a convincing and persuasive style. * International and Comparative Law Quarterly, Vol. 50, Oct 2001 * ... a thorough and meticulous study of the key issues and is of immense value to the research scholar. * Democracy & Development - Journal of West African Affairs, Vol. 3, No. 1, 2002 *

Author Information

Nina H.B. Jørgensen is Senior Legal Adviser for the Office of the Prosecutor, Special Court for Sierra Leone

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