Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


International `Criminal' Responsibility: Antinomies


ISBN13: 9781138098916
Published: March 2019
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £120.00



Despatched in 4 to 6 days.

Also available as

In the course of the 20th century, major offences committed by individuals have been subject to progressive systematisation in the framework of international criminal law. Proposals developed within the context of the League of Nations coordinated individual liability and State responsibility. By contrast, international law as codified after World War II in the framework of the United Nations embodies a neat divide between individual criminal liability and State aggravated responsibility. However, conduct of State organs and agents generates dual liability. Through a critical analysis of key international rules, the book assesses whether the divisive approach to individual and State responsibility is normatively consistent. Contemporary situations, such as the humanitarian crises in Syria and Libya, 9/11 and the Iraq wars, demonstrate that the matter still gives rise to controversy: a set of systemic problems emerge. The research focuses on the substantive elements of major offences, notably agression, genocide, core war crimes, core crimes against humanity and terrorism, as well as relevant procedural implications.

The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in international law and politics.

Contents:
Cases
Documents
Abbreviations
Foreword
Introduction
Context
Analysis
Chapter 1 – From monism to dualism
1.1  Monism: coordinating individual and State responsibility prior to World War II
1.1.1  The dawn of criminal responsibility in international law: proposals for a universal criminal code (1860-1919)
1.1.2.  Inter-war coordination (1920-1939)
1.1.2.1  Triggering initiatives within the League of Nations
1.1.2.2  Establishing the Fundamental Principles of an International Legal Code for the Repression of International Crimes
1.1.2.3  Individual initiatives for a comprehensive International Criminal Code
1.1.2.4  The ICLA’s Draft Statute for a Criminal Chamber of the PCIJ and the Global Repressive Code
1.2  Dualism: disjoining individual and State responsibility after World War II
1.2.1  Between coordination and disjunction (1940-1960)
1.2.1.1  Peace through law? UN procedures and the critical role of the Security Council
1.2.1.2  The IMT, IMTFE, Nuremberg Principles and Draft Code of Offences against the Peace and Security of Mankind
1.2.1.3  The Genocide Convention and the proposals for an international criminal jurisdiction
1.2.2  Defining aggression, State crimes and underlying concepts (1960-1980)
1.2.2.1  Non-institutional initiatives
1.2.2.2  Peremptory norms (jus cogens), erga omnes obligations and State crimes
1.2.2.3  State crimes under Article 19 of the ILC’s 1980 Draft Articles on State Responsibility
1.2.3  Codifying dualism (1980-2001)
1.2.3.1  The ICLA’s Project for a comprehensive International Criminal Code
1.2.3.2  Achieving the Draft Code of Crimes against the Peace and Security of Mankind
1.2.3.3  Ad hoc international and hybrid tribunals
1.2.3.4  Achieving the Statute of the International Criminal Court
1.2.3.5  From ‘State crimes’ to ‘serious breaches of peremptory norms’ in the ILC’s Draft Articles on State Responsibility
1.2.4  Genocide, aggression and terrorism still in search of identity (2001-2018)
1.2.4.1  Genocide in the jurisprudence of the ICJ: the ‘second death’ of State crimes?
1.2.4.2  Aggression and terrorism: developments in the ICC Statute and beyond
Chapter 2 – Breach of a primary norm: offence
2.1  Core substantive elements of the offence
2.1.1  The obligations breached by State aggravated offences
2.1.1.1  Serious breaches of peremptory norms (jus cogens): 2001 DASR 40
2.1.1.2  Linking jus cogens and erga omnes obligations: VCLT and VCLTIO Article 53 and 2001 DASR 40, 42, 48 and 54
2.1.1.3  Serious breaches of erga omnes obligations: 1996 DASR 19 and 40
2.1.1.4  Fundamental obligations
2.1.1.5  Jus cogens, erga omnes obligations and State responsibility in international case law
2.1.2  Individual criminal responsibility, jus cogens and erga omnes obligations
2.1.2.1  From criminals to crimes: erga omnes responsibility in the ICC Statute
2.1.2.2  Erga omnes responsibility in the case law
2.1.3  State aggravated responsibility, individual criminal responsibility, jus cogens and (non-severable) erga omnes obligations
2.1.3.1  (Non-severable) erga omnes obligations as jus cogens
2.1.3.2  State aggravated offences and individual criminal offences as breaches of (non-severable) erga omnes obligations
2.2 Attribution of responsibility
2.2.1  Dual conduct
2.2.1.1  Attributing aggravated responsibility to the State based on conduct of its organs or agents: absolute identity?
2.2.1.2  Individual responsibility for international crimes: mens rea
2.2.2  Attributing individual criminal conduct to the State
2.2.2.1  Individual mens rea versus State objective responsibility?
2.2.2.2  Individual and State mens rea?
2.2.2.3  Assessing State fault on a case-by-case basis under the ILC’s DASR
2.3  Dual erga omnes offences
2.3.1  Aggression
2.3.1.1  State conduct as a basis for individual conduct (and vice-versa)
2.3.1.2  Leadership and mens rea
2.3.1.3  Self-Defence as a dual excuse
2.3.2  Core war crimes
2.3.2.1  Individual conduct as a basis for collective responsibility
2.3.2.2  Systemically proving individual mens rea
2.3.3  Core crimes against humanity
2.3.3.1  Systemic conduct
2.3.3.2  Systemically proving individual mens rea
2.3.4  Genocide
2.3.4.1  Individual genocidal conduct without State responsibility?
2.3.4.2  Collective specific intent as a basis for individual intent (and vice-versa)
2.3.5  Terrorism
2.3.5.1  Political or ideological purpose as a distinguishing material element
2.3.5.2  Specific intent and collective responsibility
Chapter 3 – Secondary norms: dispute settlement, sanctions and enforcement
3.1  Secondary and tertiary implications of dual erga omnes offences
3.1.1  State aggravated responsibility
3.1.1.1  Institutionalised and non-institutionalised (compulsory) universal invocation of responsibility: 2001 DASR 41(1), 42(b), 48(1)(b) and 59
3.1.1.2  Non-punitive erga omnes sanctions? 2001 DASR 28-39 and UN Charter Articles 39-42
3.1.1.3  Institutionalised and non-institutionalised universal enforcement: 2001 DASR 41(1), 54 and 59
3.1.1.4  Rejecting compulsory jurisdiction
3.1.1.5  Punitive erga omnes sanctions? 1996 DASR 41-46 and 52
3.1.1.6  Universal punitive enforcement? 1996 DASR 53
3.1.2  Individual criminal responsibility
3.1.2.1  (Compulsory) universal jurisdiction and complementary international adjudication
3.1.2.2  (Erga omnes) imprisonment, fines and forfeiture
3.1.2.3  Domestic enforcement
3.2  Procedural intersections
3.2.1  Systemic patterns and inter-temporality
3.2.2  The limits of UN procedures
3.2.2.1  Chapter VII procedures: political and enforcement action for State aggravated responsibility?
3.2.2.2  The limited role of consensual jurisdiction, particularly the International Court of Justice
3.2.2  Decentralised State action under general international law
3.2.3  A controversial practice
3.2.3.1  Bosnian genocide
3.2.3.2  Humanitarian crises in Kosovo, Libya and Syria
3.2.3.3  Iraq wars
3.2.3.4  Counter-terrorism in Afghanistan, Syria and Iraq
3.2.4  State and individual immunities as a bar to domestic jurisdiction?
3.2.4.1  State and individual immunities?
3.2.4.2  Intersections
3.2.5  Ad hoc criminal jurisdictions: victors’ justice?
3.2.5.1  Power and organic dependence
3.2.5.2  Ex post jurisdictions
3.2.6  The independence of the International Criminal Court
3.2.6.1  Permanency as a guarantee of independence?
3.2.6.2  The UN Security Council and the International Criminal Court
3.2.6.3  Jurisdictional autonomy over aggression?
Conclusion
Antinomies
Ways forward
Bibliography
Index

Series: Routledge Research in International Law

Ancient Indigenous Human Remains and the Law (eBook) ISBN 9781000427479
Published January 2024
Routledge
£35.09
(ePub)
Buy
Ancient Indigenous Human Remains and the Law ISBN 9781032047690
Published January 2024
Routledge
£38.99
Public Interest Litigation in International Law ISBN 9781032560052
Published September 2023
Routledge
£130.00
Comparative and Transnational Dispute Resolution (eBook) ISBN 9781000825039
Published February 2023
Routledge
£34.99
(ePub)
Buy
Comparative and Transnational Dispute Resolution ISBN 9781032420318
Published February 2023
Routledge
£34.99
State Territory and International Law ISBN 9780367502737
Published January 2023
Routledge
£36.99
Private International Law and Arbitral Jurisdiction ISBN 9781032205359
Published December 2022
Routledge
£120.00
Ancient Indigenous Human Remains and the Law ISBN 9780367897147
Published August 2021
Routledge
£130.00
£38.99
(ePub)
Buy
£120.00
State Territory and International Law (eBook) ISBN 9781000073485
Published July 2020
Routledge
£36.99
(ePub)
Buy
State Territory and International Law ISBN 9780367353988
Published July 2020
Routledge
£130.00
International Law and Revolution (eBook) ISBN 9780429664168
Published June 2019
Routledge
£35.09
(ePub)
Buy
International Law and Revolution ISBN 9780367076597
Published June 2019
Routledge
£120.00
Backstage Practices of Transnational Law (eBook) ISBN 9780429657337
Published May 2019
Routledge
£35.09
(ePub)
Buy
Backstage Practices of Transnational Law ISBN 9780367086572
Published May 2019
Routledge
£120.00
The Far-Right in International and European Law ISBN 9780367075873
Published April 2019
Routledge
£130.00
International `Criminal' Responsibility: Antinomies (eBook) ISBN 9781351597548
Published March 2019
Routledge
£35.09
(ePub)
Buy
£35.09
(ePub)
Buy
£120.00
China, Cultural Heritage, and International Law ISBN 9781138093249
Published December 2017
Routledge
£120.00
China, Cultural Heritage, and International Law (eBook) ISBN 9781351605694
Published December 2017
Routledge
£35.09
(ePub)
Buy
£130.00
Human Security Discourse and International Law ISBN 9781138243910
Published December 2017
Routledge
£130.00
£35.09
(ePub)
Buy
Fighting and Victimhood in International Criminal Law (eBook) ISBN 9781317210542
Published October 2017
Routledge
£39.99
(ePub)
Buy
Fighting and Victimhood in International Criminal Law ISBN 9781138669062
Published October 2017
Routledge
£120.00
£38.99
(ePub)
Buy
£120.00
£35.99
(ePub)
Buy
£120.00
International Law and Boundary Disputes in Africa ISBN 9781138713093
Published December 2016
Routledge
£44.99
The International Criminal Court in Search of its Purpose and Identity ISBN 9781138280588
Published November 2016
Routledge
£39.99
Incitement in International Law ISBN 9781138202009
Published June 2016
Routledge
£42.99
Legal Accountability and Britain's Wars 2000-2015 ISBN 9781138846241
Published May 2016
Routledge
£125.00
Resisting United Nations Security Council Resolutions ISBN 9781138670518
Published March 2016
Routledge
£38.99
The United Nations and Collective Security ISBN 9781138665521
Published March 2016
Routledge
£42.99
Justice for Victims before the International Criminal Court ISBN 9781138647404
Published January 2016
Routledge
£38.99
£42.99
(ePub)
Buy
Reciprocity in International Law: Its Impact and Function ISBN 9781138119765
Published December 2015
Routledge
£125.00
£125.00
£42.99
(ePub)
Buy
The Changing Role of Nationality in International Law ISBN 9781138843370
Published August 2015
Routledge
£42.99
International Law-making: Essays in Honour of Jan Klabbers ISBN 9781138937611
Published August 2015
Routledge
£38.99
International Law and Boundary Disputes in Africa (eBook) ISBN 9781135039547
Published July 2015
Routledge
£48.99
(ePub)
Buy
International Law and Boundary Disputes in Africa ISBN 9780415838924
Published July 2015
Routledge
£130.00
The International Criminal Court in Search of its Purpose and Identity ISBN 9780415747776
Published December 2014
Routledge
£130.00
The International Criminal Court in Search of its Purpose and Identity (eBook) ISBN 9781317703082
Published December 2014
Routledge
£40.49
(ePub)
Buy
The Cuban Embargo Under International Law: El Bloqueo ISBN 9780415668170
Published October 2014
Routledge
£125.00
The Cuban Embargo Under International Law: El Bloqueo (eBook) ISBN 9781134451241
Published October 2014
Routledge
£46.79
(ePub)
Buy
Threats of Force: International Law and Strategy ISBN 9781138843394
Published September 2014
Routledge
£46.99
Incitement in International Law (eBook) ISBN 9781317669661
Published August 2014
Routledge
£46.99
(ePub)
Buy
Incitement in International Law ISBN 9781138020801
Published August 2014
Routledge
£125.00
£42.99
(ePub)
Buy
Justice for Victims before the International Criminal Court ISBN 9780415722391
Published July 2014
Routledge
£125.00
Resisting United Nations Security Council Resolutions (eBook) ISBN 9781317964278
Published April 2014
Routledge
£42.99
(ePub)
Buy
Resisting United Nations Security Council Resolutions ISBN 9780415710435
Published April 2014
Routledge
£125.00
The United Nations and Collective Security ISBN 9780415505895
Published January 2014
Routledge
£125.00
The United Nations and Collective Security (eBook) ISBN 9781136028243
Published January 2014
Routledge
£46.99
(ePub)
Buy
UNHCR and International Refugee Law: From Treaties to Innovation ISBN 9781138016873
Published January 2014
Routledge
£46.99
International Law-making: Essays in Honour of Jan Klabbers (eBook) ISBN 9781135116057
Published December 2013
Routledge
£42.99
(ePub)
Buy
International Law-making: Essays in Honour of Jan Klabbers ISBN 9780415659567
Published December 2013
Routledge
£125.00
Criminal Responsibility for the Crime of Aggression (eBook) ISBN 9781136001208
Published September 2013
Routledge
£46.99
(ePub)
Buy
Criminal Responsibility for the Crime of Aggression ISBN 9780415856782
Published September 2013
Routledge
£130.00
The Changing Role of Nationality in International Law (eBook) ISBN 9781136752193
Published March 2013
Routledge
£46.99
(ePub)
Buy
The Changing Role of Nationality in International Law ISBN 9780415535458
Published March 2013
Routledge
£125.00
Threats of Force: International Law and Strategy (eBook) ISBN 9781135132033
Published November 2012
Routledge
£51.99
(ePub)
Buy
Threats of Force: International Law and Strategy ISBN 9780415609852
Published November 2012
Routledge
£125.00
£51.99
(ePub)
Buy
£125.00
The Law on the Use of Force: A Feminist Analysis (eBook) ISBN 9781136628009
Published September 2011
Routledge
£42.99
(ePub)
Buy
The Law on the Use of Force: A Feminist Analysis ISBN 9780415492874
Published September 2011
Routledge
£125.00
Self Determination in the Post 9/11 Era (eBook) ISBN 9781136735844
Published May 2011
Routledge
£26.99
(ePub)
Buy
Self Determination in the Post 9/11 Era ISBN 9780415550048
Published May 2011
Routledge
£130.00
International Economic Actors and Human Rights (eBook) ISBN 9781135245221
Published September 2009
Routledge
£38.69
(ePub)
Buy
International Economic Actors and Human Rights ISBN 9780415486705
Published September 2009
Routledge
£130.00