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Chapter 8. Complementarity Between State And Individual Responsibility For International Crimes

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Chapter Summary

This chapter analyses the functions of international criminal law in order to see whether the consequences of state responsibility include measures serving the functions of international criminal law. Subsequently, the opposite perspective is adopted, and international criminal law is examined in the light of the traditional functions of state responsibility, with a view to determining whether the punishment of state organs responsible for international crimes could be framed among the consequences of the law of state responsibility. The chapter also illustrates the complementarity between state and individual responsibility for international crimes. Finally, the analysis reveals that there are certain international crimes which are defined in terms of state action, and which require international tribunals at least to take into account that the relevant individual conduct has taken place in the context of a state serious breach before ascribing personal criminal liability.

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



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