The Responsibility of States for International Crimes

Paperback | March 13, 2003

byNina H. B. Jorgensen

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The Responsibility of States for International Crimes focuses on the concept of state criminality 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 theSecond World War. The concept became the topic of debate and controversy upon its conclusion in Part 1 of the 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 existence in international law independent from the Draft Articles on State Responsibility. It is divided into five parts. Part I consists ofan historical introduction to the concept which deals 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 inaccordance with a 'criminal organization model' and a 'corporate crime model' and against this background it is to be found juridically sound. In Part III, eight candidate criteria and indicia are discussed which form a conceptual differentiation 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 criminal responsibility on states. The issues discussed in Part IV are found to confirm the concept's 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 Judgement of the International Court of Justice in the Case Concerning the Application of the Convention on the Preventionand Punishment of the Crime of Genocide (Preliminary Objections) between Bosnia-Herzegovina and Yugoslavia. The author concludes that the concept is now emerging as a customary international law.

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The Responsibility of States for International Crimes focuses on the concept of state criminality 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 theSecond World War. The concept became the topi...

Nina H. B. Jorgensen, LL.B (Bristol), D.Phil. (Oxon), Barrister, is currently Senior Legal Adviser for the Office of the Prosecutor, Special Court for Sierra Leone
Format:PaperbackDimensions:372 pages, 9.21 × 6.14 × 0.77 inPublished:March 13, 2003Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199258007

ISBN - 13:9780199258000

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Table of Contents

PART I: Historical Introduction to the Concept of State Criminality1. International Criminal Responsibility in the Two World Wars2. Efforts to Codify and Develop the Law Relating to International Criminal ResponsibilityPART II: Juridical Status of the Concept of State Criminality3. The Concept of Criminal Organizations4. The Criminal Responsibility of CorporationsConclusion to Part IIPART III: Candidate Criteria and Indicia for Idenitifying State CrimesIntroduction to Part III5. Jus cogens6. Obligations erga omnes7. International Community Recognition8. The Seriousness Test9. The Conscience of Mankind10. Elementary Considerations of Humanity11. Peace and Security12. Individual Criminal Responsibility under International LawConclusion to Part IIIPART IV: Practical Feasibility of the Concept of State CriminalityIntroduction to Part IV13. The Problems and Modalities of Punishing a State14. Punitive Damages in International Law15. The Institutional Framework and Procedures for Imposing Criminal Responsibility on StatesConclusion to Part IVPART V: Status of the Concept of State Criminality in Contemporary International Law16. State Practice since the Second World War17. State Criminality and the Significance of the 1948 Genocide ConventionConclusionAppendices

Editorial Reviews

`Review from previous edition ... 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