Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Chapter 5. Defences And Circumstances Precluding Wrongfulness

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter examines the question of whether defences and circumstances precluding wrongfulness can be regarded as a point of contact between state and individual responsibility for international crimes. It prompts three general remarks with respect to the relationship between state and individual responsibility for international crimes as far as the definition of defences and circumstances precluding wrongfulness is concerned. First, there is a very limited overlap between aggravated state responsibility and individual criminal liability, which essentially concerns self-defence and countermeasures. Second, it is possible to interpret defences and circumstances precluding wrongfulness differently, because they refer to two different kinds of conduct: the former apply to a serious wrongful state act, whereas the latter have to do with individual conduct amounting an international crime. Third, the particular nature of the crime of aggression derives from its definition under customary international law.

Keywords: aggravated state responsibility; circumstances; customary international law; defences; individual criminal liability; international crimes; wrongfulness

10.1163/ej.9789004173316.i-284.28
/content/books/bej.9789004173316.i284_007
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Relationship Between State and Individual Responsibility for International Crimes — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation