Duality of Responsibility in International Law: The Individual, the State, and International Crimes: Theory and Practice of Public International Law, cartea 5
Autor Thomas Weatherallen Limba Engleză Hardback – 17 mar 2022
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Specificații
ISBN-13: 9789004505360
ISBN-10: 9004505369
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Theory and Practice of Public International Law
ISBN-10: 9004505369
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Theory and Practice of Public International Law
Notă biografică
Thomas Weatherall, J.D., Ph.D. (Cantab), M.Sc. (Oxon), is an Attorney-Adviser in the Office of the Legal Adviser of the U.S. Department of State. The views expressed herein are the author’s own and not necessarily those of the Department of State or the U.S. Government.
Cuprins
Foreword
Preface
Abbreviations
About the Author
Table of Cases
Introduction
part 1
Parameters of Responsibility
1Subjects 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
2Primary and Secondary Rules
a Primary Rules
iIndividual-Directed Rules
iiState-Directed Rules
b Secondary Rules
iDistinguishing Secondary Rules of Individual and State Responsibility
iiSecondary Rules of Individual Responsibility
iiiSecondary Rules of State Responsibility
ivAssociated Secondary Rules
1 Consequences
2 Defenses
3 Jurisdiction
4 Immunity
part 2
Breach
3Crimes under International Law
a Elements of Individual Criminal Responsibility
iThe Objective Element
iiThe Subjective Element
b An Element Approach to Crimes
4Internationally Wrongful Acts
a Elements of State Responsibility
b Two Categories of Primary Rules
c Concurrent State Responsibility
iPeremptory Norms and their Correlates
iiActa Jure Imperii
iiiCrimes of States
ivAggravated State Responsibility
d Complementary State Responsibility
iObligations Erga Omnes
iiImplications 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
5Breach 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
6Rules of Attribution in International Criminal Law
a Modes of Attribution
iCommission
1 Direct Perpetration
2 Indirect Perpetration
3 Joint Criminal Enterprise
iiEncouragement
1 Planning
2 Ordering
3 Instigating
iiiAssistance
1 Aiding and Abetting
2 Assisting in Commission of a Crime by a Group
ivSuperior Responsibility
vInchoate Offences
1 Attempt
2 Conspiracy
3 Incitement
b Conclusions
iRelevance to Attribution in the Law of State Responsibility
iiIdentifying the Parameters of Modes of Attribution
iiiMethodology and Sources of Law
7Rules of Attribution in the Law of State Responsibility
a Modes of Attribution
iState Organs
ii De Facto State Organs
iii Ultra Vires Conduct
ivOther 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
iSecondary Rules of General Applicability
iiActions and Omissions
8Convergence 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
9Consequences
a Consequences of Individual Criminal Responsibility
iPurposes
iiPenalties
b Consequences of an Internationally Wrongful Act
iConsequences for the Responsible State
1 Cessation
2 Reparation
iiConsequences Beyond the Responsible State
1 Serious Breaches
2 Third-State Consequences
c Non-Recognition and Non-Maintenance
d Cooperation
iiiStanding
1 Common Legal Interest in Performance
2 Beneficiaries of Invocation of Responsibility
e Differentiation in Forms of Responsibility and their Consequences
10Defenses
a Exclusion of Responsibility for Crimes under International Law
iFailure of Proof
iiJustification and Excuse
b Circumstances Precluding Wrongfulness for Internationally Wrongful Acts
c Points of Contact in Avoidance of Responsibility
11Jurisdiction
a Jurisdiction over Individuals under International Law
b Jurisdiction over States under International Law
c Divergence in Rules of Jurisdiction
12Immunity
a Immunity of Individuals under International Law
iImmunity Ratione Personae
1 International Courts and Tribunals
2 Domestic Courts
iiImmunity Ratione Materiae
1 International Courts and Tribunals
2 Domestic Courts
iiiInviolability
b State Immunity under International Law
c Corresponding Divergence in Rules of Immunity
part 5
Duality of Responsibility in International Law
13The Legal Framework of Duality of Responsibility
a Individual Responsibility
b State Responsibility
c The Relationship Between Individual and State Responsibility
iBreach
iiAttribution
iiiResponsibility
14Conclusions
Index
Preface
Abbreviations
About the Author
Table of Cases
Introduction
part 1
Parameters of Responsibility
1Subjects 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
2Primary and Secondary Rules
a Primary Rules
iIndividual-Directed Rules
iiState-Directed Rules
b Secondary Rules
iDistinguishing Secondary Rules of Individual and State Responsibility
iiSecondary Rules of Individual Responsibility
iiiSecondary Rules of State Responsibility
ivAssociated Secondary Rules
1 Consequences
2 Defenses
3 Jurisdiction
4 Immunity
part 2
Breach
3Crimes under International Law
a Elements of Individual Criminal Responsibility
iThe Objective Element
iiThe Subjective Element
b An Element Approach to Crimes
4Internationally Wrongful Acts
a Elements of State Responsibility
b Two Categories of Primary Rules
c Concurrent State Responsibility
iPeremptory Norms and their Correlates
iiActa Jure Imperii
iiiCrimes of States
ivAggravated State Responsibility
d Complementary State Responsibility
iObligations Erga Omnes
iiImplications 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
5Breach 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
6Rules of Attribution in International Criminal Law
a Modes of Attribution
iCommission
1 Direct Perpetration
2 Indirect Perpetration
3 Joint Criminal Enterprise
iiEncouragement
1 Planning
2 Ordering
3 Instigating
iiiAssistance
1 Aiding and Abetting
2 Assisting in Commission of a Crime by a Group
ivSuperior Responsibility
vInchoate Offences
1 Attempt
2 Conspiracy
3 Incitement
b Conclusions
iRelevance to Attribution in the Law of State Responsibility
iiIdentifying the Parameters of Modes of Attribution
iiiMethodology and Sources of Law
7Rules of Attribution in the Law of State Responsibility
a Modes of Attribution
iState Organs
ii De Facto State Organs
iii Ultra Vires Conduct
ivOther 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
iSecondary Rules of General Applicability
iiActions and Omissions
8Convergence 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
9Consequences
a Consequences of Individual Criminal Responsibility
iPurposes
iiPenalties
b Consequences of an Internationally Wrongful Act
iConsequences for the Responsible State
1 Cessation
2 Reparation
iiConsequences Beyond the Responsible State
1 Serious Breaches
2 Third-State Consequences
c Non-Recognition and Non-Maintenance
d Cooperation
iiiStanding
1 Common Legal Interest in Performance
2 Beneficiaries of Invocation of Responsibility
e Differentiation in Forms of Responsibility and their Consequences
10Defenses
a Exclusion of Responsibility for Crimes under International Law
iFailure of Proof
iiJustification and Excuse
b Circumstances Precluding Wrongfulness for Internationally Wrongful Acts
c Points of Contact in Avoidance of Responsibility
11Jurisdiction
a Jurisdiction over Individuals under International Law
b Jurisdiction over States under International Law
c Divergence in Rules of Jurisdiction
12Immunity
a Immunity of Individuals under International Law
iImmunity Ratione Personae
1 International Courts and Tribunals
2 Domestic Courts
iiImmunity Ratione Materiae
1 International Courts and Tribunals
2 Domestic Courts
iiiInviolability
b State Immunity under International Law
c Corresponding Divergence in Rules of Immunity
part 5
Duality of Responsibility in International Law
13The Legal Framework of Duality of Responsibility
a Individual Responsibility
b State Responsibility
c The Relationship Between Individual and State Responsibility
iBreach
iiAttribution
iiiResponsibility
14Conclusions
Index