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Chapter 9. Towards A Dual Responsibility Paradigm?

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Chapter Summary

The elaboration of a general framework capable of explaining the relationship between state and individual responsibility for international crimes can only be based on the outcomes of the analysis of international practice. International practice undoubtedly shows a certain complementarity between these regimes. To explain in its entirety the relationship between state and individual responsibility for international crimes, two apparently diverging aspects must be taken into account. First, the theoretical framework should be capable of explaining the separation of these regimes. Second, it must at the same time explain the various points of contact between these regimes. It remains to be seen, on the basis of how customary international law develops, whether the general conceptual scheme that appraises the relationship between state and individual responsibility for international crimes can be understood as an emerging dual responsibility paradigm. This chapter addresses the various connections between these regimes that are so often disregarded.

Keywords: customary international law; dual responsibility paradigm; individual responsibility; international crimes; international practice; state responsibility

10.1163/ej.9789004173316.i-284.49
/content/books/bej.9789004173316.i284_011
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