The Juridical Consequences of Core Crimes: Individual Criminal Liability and State Aggravated Responsibility

Abstract

Core crimes, unlike other species of crimes, elicit State aggravated responsibility, which explains both why the State is failing to live up to its duties and justifies the external intervention of the international community. State aggravated responsibility is a consequential characteristic of the commission of core crimes especially when the State is involved as an active perpetrator. These consequences are so unique and conspicuous that they may safely be said to constitute characteristics in their own right, particularly since they (cumulatively) do not belong to other categories/species of crime (such as domestic crimes, transnational organized crimes and international crimes). When cumulatively considered, these consequential characteristics belong solely and exclusively to core crimes. To this extent, although they cannot be directly equated to State aggravated responsibility, these consequential characteristics constitute evidence of aggravated State responsibility. Inversely, the subsistence of State aggravated responsibility serves to corroborate the contention that the State is somehow involved, directly or indirectly, in the perpetration of core crimes. Individual criminal liability on one hand and aggravated State responsibility on the other hand, although distinct, can concur. The idea that the State is somehow involved, directly or indirectly, in the perpetration of core crimes has a parallel in State responsibility. Not only will the State be held responsible for not preventing the core crime and, once perpetrated, for not prosecuting and punishing it, but it will be faced with a continuing obligation to ensure that an individual suspected of having committed a core crime be submitted to prosecution.