The Relationship Between State and Individual Responsibility for International Crimes

While it is settled principle that states incur international responsibility when they commit international crimes and also that international law provides for the criminal responsibility of individuals who commit international crimes, the relationship between these two regimes is far more uncertain, as is evidenced by a recent case before the International Court of Justice concerning the state responsibility of Serbia for international crimes against Bosnian Muslims when the same conduct also fell under the jurisdiction of the International Criminal Tribunal for the former Yugoslavia, which was charged with the prosecution of individuals. This volume investigates the issue, conducting a three-step analysis that explores the ideal theoretical underpinnings of state and individual responsibility, examines the reality of international practice and the most significant problems found in the relationship, and constructs a general legal framework that can account for the relationship and resolve the difficulties that arise.--Acknowledgments ix --List of Abbreviations xi --Introduction 1 --Part I General Approaches to the Relationship Between State and Individual Responsibility for International Crimes --Chapter 1 The General Framework of the Relationship Between State and Individual Responsibility for International Crimes 11 --Chapter 2 Theoretical Approaches to the Relationship Between State and Individual Responsibility for International Crimes 43 --Part II The Overlap Between State and Individual Responsibility for International Crimes in International Practice --Chapter 3 The Overlap of the Material Element: The Seriousness Requirement 71 --Chapter 4 The Overlap of the Psychological Element: Mens Rea v. Fault 119 --Chapter 5 Defences and Circumstances Precluding Wrongfulness 147 --Chapter 6 Ascribing Responsibility for Collective Crimes: Modes of Liability 167 --Chapter 7 Establishing State and Individual Responsibility for International Crimes 193 --Part III The Relationship Between State and Individual Responsibility for International Crimes --Chapter 8 Complementarity Between State and Individual Responsibility for International Crimes 221 --Chapter 9 Towards a Dual Responsibility Paradigm? 239 --Bibliography 257 --List of Cases 273 --Index 279Published version of EUI PhD thesis, 200