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Chapter 2. Theoretical Approaches To The Relationship Between State And Individual Responsibility For International Crimes

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Chapter Summary

This chapter presents an overview of the works of international law scholars that can be used as a starting point in extrapolating the theoretical approaches underlying the conception of the relationship between state and individual responsibility for international crimes. It identifies more general lines of reasoning as far as the relationship between state and individual responsibility is concerned. On the one hand, there is today the tendency to emphasize the difference between state and individual responsibility for international crimes and to stress the peculiarities of international criminal law. On the other hand, more traditional views insist on the primary role played by states under international law and try to bring individual criminal liability back within the framework of state responsibility as a special consequence for the commission of international crimes by state organs.

Keywords: individual criminal liability; international crimes; international law scholars; state responsibility



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