Foreign International Law

The Relationship Between State and Individual Responsibility by Beatrice I. Bonafè

By Beatrice I. Bonafè

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Extra resources for The Relationship Between State and Individual Responsibility for International Crimes

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Allott, Eunomia. New Order for a New World (Oxford, Oxford University Press, 1990) p. 156, para. 32. The ILC had always referred to obligations owed to the international community as a whole until the provisional draft adopted in 2000 (see Article 41 of the Draft Articles on State Responsibility provisionally adopted by the Drafting Committee on second reading, UN Doc. 4/L 600). All of a sudden a year later, the final version of Article 40 emerged, referring to “serious breaches of peremptory norms of general international law” (ILC, ‘Report on the Work of its 53rd Session’, YILC (2001), vol.

Cassese, ‘When May Senior State Officials Be Tried for International Crimes? Some Comments on the Congo v. Belgium Case’, 13 EJIL (2002), pp. 857–8, and infra Chapter 3). G. Gaja, ‘The Long Journey towards Repressing Aggression’, in A. Cassese et al. ), The Rome Statute of the International Criminal Court. A Commentary, vol. I (Oxford, Oxford University Press, 2002), pp. 427–441. 26 Chapter 1 objective of the international community for centuries, it is a relatively new fact (but at present well established) that the international legal order prohibits the use of force in international relations, and that in particular it prohibits aggression.

321 and 343 (“le régime institué se solde par une absence véritable de différenciation entre la responsabilité de l’Etat pour la violation des normes impératives et celle qu’il encourt à raison de la méconnaissance de ses obligations ‘ordinaires’ ”); A. Gattini, ‘A Return Ticket to “Communitarisme”, Please’, 13 EJIL (2002), pp. J. Tams, ‘All’s Well That Ends Well. Comments on the ILC’s Articles on State Responsibility’, 62 ZaöRV (2002), pp. J. ’, 13 EJIL (2002), pp. 1161–1180. The seriousness requirement will be examined infra in Chapter 3.

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