The Relationship Between State and Individual Responsibility for International Crimes

Abstract

LIST OF ABBREVIATIONS ACKNOWLEDGMENTS INTRODUCTION PART I. GENERAL APPROACHES TO THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES 1. THE GENERAL FRAMEWORK OF THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES - Clarifying Some Basic Concepts - The Overlap between State and Individual Responsibility for International Crimes - The Relationship between State and Individual Responsibility for International Crimes in the Works of the ILC - Historical Overview 2. THEORETICAL APPROACHES TO THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES - Dual Responsibility for International Crimes - Diverging Approaches to the Relationship between State and Individual Responsibility for International Crimes - The Individual-Oriented and State-Oriented Conceptual Schemes - Concluding Observations PART II. THE OVERLAP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES IN INTERNATIONAL PRACTICE 3. THE OVERLAP OF THE MATERIAL ELEMENT: THE SERIOUSNESS REQUIREMENT - Two Different Concepts of Seriousness - Theoretical Approaches to the Seriousness Requirement - The Seriousness Requirement as Applied in International Case Law - Concluding Observations 4. THE OVERLAP OF THE PSYCHOLOGICAL ELEMENT: MENS REA V. FAULT - The Psychological Element and State Responsibility - Theoretical Approaches to the Psychological Element - The Psychological Element as Applied in the International Case Law - Concluding Observations 5. DEFENCES AND CIRCUMSTANCES PRECLUDING WRONGFULNESS - Theoretical Approaches to the Relationship between Defences and Circumstances Precluding Wrongfulness - Overlapping Defences and Circumstances Precluding Wrongfulness - Circumstances Precluding Wrongfulness and International Criminal Law - Concluding Observations 6. ASCRIBING RESPONSIBILITY FOR COLLECTIVE CRIMES: MODES OF LIABILITY - Linking Individual Liability to Collective Criminal Conduct - The Crime of Membership in a Criminal Organization - Modes of Collective Liability under International Criminal Law - Joint Criminal Enterprise and Mass Atrocities - Modes of Collective Liability and State Responsibility - Concluding Observations 7. ESTABLISHING STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES - Issues of State Responsibility before International Criminal Tribunals - Connections in the Establishment of State and of Individual Responsibility - Establishing State and Individual Responsibility for Aggression - Concluding Observations PART III. THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES 8. COMPLEMENTARITY BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES - The Relationship between State and Individual Responsibility according to International Practice - A Functional Analysis of State and Individual Responsibility for International Crimes - The Complementarity between State and Individual Responsibility for International Crimes 9. TOWARDS A DUAL RESPONSIBILITY PARADIGM? - Theoretical Approaches and the Complementarity between State and Individual Responsibility for International Crimes - The Theoretical Framework Explaining the Complementarity between State and Individual Responsibility for International Crimes - Towards a Dual Responsibility Paradigm? BIBLIOGRAPHY LIST OF CASES INDEX