10 Questions
What is a fundamental principle of International Criminal Law?
State responsibility is a concept separate from international criminal responsibility
According to Article 1 of the Articles on Responsibility of States for Internationally Wrongful Acts 2001, what is the consequence of an internationally wrongful act by a state?
The international responsibility of that state is entailed
What is a key condition for an act to be considered an internationally wrongful act by a state?
The act constitutes a breach of an international obligation
Who can be considered an organ of a state, according to Article 4 of the Articles on Responsibility of States for Internationally Wrongful Acts 2001?
Any person or entity with a status under internal law
What does Article 3 of the Articles on Responsibility of States for Internationally Wrongful Acts 2001 establish?
The characterization of an act as internationally wrongful is governed by international law
Under which circumstance is a state considered responsible for the actions of an organ or person empowered to exercise elements of governmental authority?
When the organ or person acts in excess of its authority or in contravention of instructions
What is the term for a breach of an obligation arising under a peremptory norm of general international law that involves a gross or systematic failure by a state to fulfill the obligation?
Serious breach
What is the obligation of states in response to a serious breach of an obligation arising under a peremptory norm of general international law?
To cooperate to bring an end to the breach through lawful means
What is the principle that holds that an organ of a state or person empowered to exercise elements of governmental authority cannot hide behind the state's authority to avoid individual responsibility?
Principle of duality
What is the relationship between the individual criminal responsibility of a person acting on behalf of a state and the state's responsibility?
The state's responsibility is separate from individual criminal responsibility
Study Notes
Uniqueness and Justifications of International Criminal Law
- International Criminal Law is unique in that it holds individuals accountable for international crimes, unlike State Responsibility which focuses on state accountability
- Justifications for International Criminal Law include the need for individual accountability, prevention of impunity, and the protection of human rights and dignity
State Responsibility
- Defined as a state's accountability for internationally wrongful acts
- Articles on Responsibility of States for Internationally Wrongful Acts (2001) outline the principles of State Responsibility
- Article 1: Every internationally wrongful act of a state entails the international responsibility of that state
Articles on State Responsibility
- Article 2: An internationally wrongful act of a state occurs when conduct consisting of an action or omission:
- Is attributable to the state under international law
- Constitutes a breach of an international obligation of the state
- Article 3: The characterization of an act of a state as internationally wrongful is governed by international law and is not affected by internal law
- Article 4: The conduct of any state organ shall be considered an act of that state under international law
- Article 7: The conduct of an organ of a state or a person or entity empowered to exercise elements of governmental authority shall be considered an act of the state under international law if it acts in that capacity, even if it exceeds its authority or contravenes instructions
Jus Cogens and Obligations Erga Omnes
- Jus Cogens refers to peremptory norms of general international law
- Obligations Erga Omnes refer to obligations owed to the international community as a whole
- Article 40: A serious breach of an obligation arising under a peremptory norm of general international law entails international responsibility
- Article 41: States shall cooperate to bring to an end through lawful means any serious breach within the meaning of Article 40
Individual Responsibility
- Article 58: The Articles on State Responsibility do not prejudice individual responsibility under international law of any person acting on behalf of a state
- Individual responsibility includes criminal liability for individuals acting on behalf of a state
- The principle of dual responsibility allows for both state and individual criminal liability for international crimes
Explore the uniqueness and justifications of International Criminal Law, including state responsibility and international criminal responsibility, with a focus on the Israeli context and the International Criminal Court (ICC) in the Hague.
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