Read more
Informationen zum Autor Ottavio Quirico is a Senior Lecturer in the School of Law at the University of New England in Australia, an Honorary Lecturer at the Centre for European Studies of the Australian National University and an Alumnus of the European University Institute. Klappentext In the course of the 20th and 21st centuries, major offences committed by individuals have been subject to progressive systematisation in the framework of international criminal law. Proposals developed within the context of the League of Nations coordinated individual liability and State responsibility. By contrast, international law as codified after World War II in the framework of the United Nations embodies a neat divide between individual criminal liability and State aggravated responsibility. However, conduct of State organs and agents generates dual liability. Through a critical analysis of key international rules, the book assesses whether the divisive approach to individual and State responsibility is normatively consistent. Contemporary situations, such as the humanitarian crises in Syria and Libya, 9/11 and the Iraq wars demonstrate that the matter still gives rise to controversy: a set of systemic problems emerge. The research focuses on the substantive elements of major offences, notably agression, genocide, core war crimes, core crimes against humanity and terrorism, as well as relevant procedural implications.The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in international law and politics. Zusammenfassung The book sheds light on the relationship between the responsibility of individuals and States for major offences, via a systemic investigation. The analysis provides a critical perspective on core mechanisms of the international legal system, addressing the regulation of crucial problems such as war, genocide and terrorism. Inhaltsverzeichnis Cases Documents Abbreviations Foreword Introduction Context Analysis Chapter 1 – From monism to dualism 1.1 Monism: coordinating individual and State responsibility prior to World War II 1.1.1 The dawn of criminal responsibility in international law: proposals for a universal criminal code (1860-1919) 1.1.2. Inter-war coordination (1920-1939) 1.1.2.1 Triggering initiatives within the League of Nations 1.1.2.2 Establishing the Fundamental Principles of an International Legal Code for the Repression of International Crimes 1.1.2.3 Individual initiatives for a comprehensive International Criminal Code 1.1.2.4 The ICLA’s Draft Statute for a Criminal Chamber of the PCIJ and the Global Repressive Code 1.2 Dualism: disjoining individual and State responsibility after World War II 1.2.1 Between coordination and disjunction (1940-1960) 1.2.1.1 Peace through law? UN procedures and the critical role of the Security Council 1.2.1.2 The IMT, IMTFE, Nuremberg Principles and Draft Code of Offences against the Peace and Security of Mankind 1.2.1.3 The Genocide Convention and the proposals for an international criminal jurisdiction 1.2.2 Defining aggression, State crimes and underlying concepts (1960-1980) 1.2.2.1 Non-institutional initiatives 1.2.2.2 Peremptory norms (jus cogens ), erga omnes obligations and State crimes 1.2.2.3 State crimes under Article 19 of the ILC’s 1980 Draft Articles on State Responsibility 1.2.3 Codifying dualism (1980-2001) 1.2.3.1 The ICLA’s Project for a comprehensive International Criminal Code 1.2.3.2 Achieving the Draft Code of Crimes against the Peace and Security of Mankind 1.2.3.3 Ad hoc international and hybrid tribunals 1.2.3.4 Achieving the Statute of the International Criminal Court 1.2.3.5 From ‘State crimes’ to ‘serious breaches of perem...
