This book focuses on the concept of state responsibility for international crimes, which gained support following the First World War, but was pushed into the background by the development of the principle of individual criminal responsibility under international law after the Second World War. Jorgensen considers the history and merits of a concept that, it is argued, is currently on the threshold between lex ferenda and lex lata.
This book focuses on the concept of state responsibility for international crimes, which gained support following the First World War, but was pushed into the background by the development of the principle of individual criminal responsibility under international law after the Second World War. Jorgensen considers the history and merits of a concept that, it is argued, is currently on the threshold between lex ferenda and lex lata.
Nina H. B. Jorgensen, LL.B (Bristol), D.Phil. (Oxon), Barrister, is currently Senior Legal Adviser for the Office of the Prosecutor, Special Court for Sierra Leone
Inhaltsangabe
* PART I: Historical Introduction to the Concept of State Criminality * 1: International Criminal Responsibility in the Two World Wars * 2: Efforts to Codify and Develop the Law Relating to International Criminal Responsibility * PART II: Juridical Status of the Concept of State Criminality * 3: The Concept of Criminal Organizations * 4: The Criminal Responsibility of Corporations * Conclusion to Part II * PART III: Candidate Criteria and Indicia for Idenitifying State Crimes * Introduction to Part III * 5: Jus cogens * 6: Obligations erga omnes * 7: International Community Recognition * 8: The Seriousness Test * 9: The Conscience of Mankind * 10: Elementary Considerations of Humanity * 11: Peace and Security * 12: Individual Criminal Responsibility under International Law * Conclusion to Part III * PART IV: Practical Feasibility of the Concept of State Criminality * Introduction to Part IV * 13: The Problems and Modalities of Punishing a State * 14: Punitive Damages in International Law * 15: The Institutional Framework and Procedures for Imposing Criminal Responsibility on States * Conclusion to Part IV * PART V: Status of the Concept of State Criminality in Contemporary International Law * 16: State Practice since the Second World War * 17: State Criminality and the Significance of the 1948 Genocide Convention * Conclusion * Appendices
* PART I: Historical Introduction to the Concept of State Criminality * 1: International Criminal Responsibility in the Two World Wars * 2: Efforts to Codify and Develop the Law Relating to International Criminal Responsibility * PART II: Juridical Status of the Concept of State Criminality * 3: The Concept of Criminal Organizations * 4: The Criminal Responsibility of Corporations * Conclusion to Part II * PART III: Candidate Criteria and Indicia for Idenitifying State Crimes * Introduction to Part III * 5: Jus cogens * 6: Obligations erga omnes * 7: International Community Recognition * 8: The Seriousness Test * 9: The Conscience of Mankind * 10: Elementary Considerations of Humanity * 11: Peace and Security * 12: Individual Criminal Responsibility under International Law * Conclusion to Part III * PART IV: Practical Feasibility of the Concept of State Criminality * Introduction to Part IV * 13: The Problems and Modalities of Punishing a State * 14: Punitive Damages in International Law * 15: The Institutional Framework and Procedures for Imposing Criminal Responsibility on States * Conclusion to Part IV * PART V: Status of the Concept of State Criminality in Contemporary International Law * 16: State Practice since the Second World War * 17: State Criminality and the Significance of the 1948 Genocide Convention * Conclusion * Appendices
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