Abstract
<p>This study examines the overlap ofinternational responsibility of individual and state for genocide. To describe this overlap, the material and psychological elements of genocide are discussed. International criminal law with the distinction between "ordinary state responsibility" and "aggravated state responsibility " drawing the latter offences beyond the State's international responsibility that is mainly focused on the principle of compensation and in which punitive sanctions are not relevant. The result of this change is the establishment of individual criminal responsibility, and aggravated state responsibility.</p>The goal ofthe research is to Explain The Overlap of international responsibility of individual and state for genocide to argue that the two items are not two separate categories and rather, they complete each other. so that responsibility of individual and state for the same action following primarily, individual criminal responsibility and exclusively, Bring theaggravated state responsibility.
Highlights
Event of collective crimes, is not considered as a new event on the international stage, in the international criminal law, like other branches of international law, the obligations and responsibilities of states and people are specified
"international obligations" that are caused by the common law or treaties are the "primary rules" and the rules governing the consequences of violation of an international obligation are the rules related to the international responsibility of states in the "secondary rules"
Some obligations in international criminal law are within the scope of the obligations of states are, such as a commitment to legislation or obligation to prevent crimes such as genocide, exclusion of the state from the responsibility is this area of international law is inconceivable and a kind of parallel responsibility with individual criminal responsibility can be considered for the aggravated responsibility of the state
Summary
Event of collective crimes, is not considered as a new event on the international stage, in the international criminal law, like other branches of international law, the obligations and responsibilities of states and people are specified. In the days following World War II and in 1945, the Nuremberg Tribunal and the Tokyo Tribunal launching the trial of war criminals and ignoring the principle of individual criminal responsibility in the light of the immunity of senior state officials, sought the implementation of the principle of criminal responsibility of state, but what happened was the prosecution of individuals rather than the state, which resulted in neglecting the international responsibility of the state Given this situation, the United Nations General Assembly passed on 21 November 1947, a resolution 177 (II) and asked the International Law Commission to prepare Code of offences Against the peace and security of mankind. Some obligations in international criminal law are within the scope of the obligations of states are, such as a commitment to legislation or obligation to prevent crimes such as genocide, exclusion of the state from the responsibility is this area of international law is inconceivable and a kind of parallel responsibility with individual criminal responsibility can be considered for the aggravated responsibility of the state
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