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Chapter 7. Establishing State And Individual Responsibility For International Crimes

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Chapter Summary

This chapter investigates the cases in which the establishment of state and individual responsibility is somehow connected. First, in establishing individual liability for certain international crimes, international criminal tribunals might have to apply rules belonging to the law of state responsibility. Second, there might be instances in which state and individual responsibility for international crimes are not established in perfect isolation from each other because either the same body deals with situations entailing both kinds of international responsibility or certain international crimes require a parallel determination of state and individual responsibility. The starting point of the analysis is a consideration of the diverging decisions of the International Court of Justice (ICJ) in Nicaragua and of the International Criminal Tribunal for Former Yugoslavia (ICTY) in Tadić. These cases have been the object of considerable debate among international law scholars.

Keywords: individual liability; individual responsibility; International Court of Justice (ICJ); international crimes; International Criminal Tribunal for Former Yugoslavia (ICTY); Nicaragua; state responsibility; Tadić

10.1163/ej.9789004173316.i-284.40
/content/books/bej.9789004173316.i284_009
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