The responsibility of states for international crimes /
[Book]
Nina H.B. Jørgensen.
New York :
Oxford University Press,
2000.
xxxiv, 325 pages ;
24 cm.
Oxford monographs in international law
Includes bibliographical references (pages 299-314) and index.
pt. I. Historical Introduction to the Concept of State Criminality -- 1. International Criminal Responsibility in the Two World Wars -- 2. Efforts to Codify and Develop the Law Relating to International Criminal Responsibility -- pt. II. Juridical Status of the Concept of State Criminality -- 3. The Concept of Criminal Organizations -- 4. The Criminal Responsibility of Corporations -- pt. III. Candidate Criteria and Indicia for Identifying State Crimes -- 5. Jus Cogens -- 6. Obligations Erga Omnes -- 7. International Community Recognition -- 8. The Seriousness Test -- 9. The Conscience of Mankind -- 10. Elementary Considerations of Humanity -- 11. Peace and Security -- 12. Individual Criminal Responsibility under International Law -- pt. IV. Practical Feasibility of the Concept of State Criminality -- 13. The Problems and Modalities of Punishing a State -- 14. Punitive Damages in International Law -- 15. The Institutional Framework and Procedures for Imposing Criminal Responsibility on States -- pt. V. Status of the Concept of State Criminality in Contemporary International Law -- 16. State Practice since the Second World War -- 17. State Criminality and the Significance of the 1948 Genocide Convention -- App. 1. Text of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide -- App. 2. Draft Articles on State Responsibility; Articles 15 to 19 on the Substantive and Instrumental Consequences of International Crimes Formulated by Mr Arangio-Ruiz, Special Rapporteur, in 1995 -- App. 3. State Responsibility: Draft Articles Provisionally Adopted by the Drafting Committee of the International Law Commission on Second Reading.
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"The Responsibility of States for International Crimes focuses on the concept of state criminality which gained support following the First World War, but was pushed into the background by the development of the principle of individual criminal responsibility under international law after the Second World War. The concept became the topic of debate and controversy upon its inclusion in Part I of the United Nations International Law Commission's Draft Articles on State Responsibility adopted on first reading in 1980." "The book considers the history and merits of a concept which, it is argued, is currently on the threshold between lex ferenda and lex lata and has a place and an existence in international law independent from the Draft Articles on State Responsibility."--Jacket.
Responsibility of states for international crimes.