The Relationship Between State and Individual Responsibility for International Crimes

The Relationship Between State and Individual Responsibility for International Crimes

Author: Béatrice I. Bonafè

Publisher: BRILL

Published: 2009

Total Pages: 297

ISBN-13: 9004173315

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This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.


State Responsibility in the International Legal Order

State Responsibility in the International Legal Order

Author: Katja Creutz

Publisher: Cambridge University Press

Published: 2020-09-24

Total Pages: 379

ISBN-13: 1108788696

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State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.


Polarization and the Politics of Personal Responsibility

Polarization and the Politics of Personal Responsibility

Author: Mark D. Brewer

Publisher: Oxford University Press

Published: 2015

Total Pages: 224

ISBN-13: 0190239816

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Contemporary American politics is highly polarized, and it is increasingly clear that this polarization exists at both the elite and mass levels. What is less clear is the source of this polarization. Social issues are routinely presented by some as the driver of polarization, while others point to economic inequality and class divisions. Still others single out divisions surrounding race and ethnicity, or gender, or religion as the underlying source of the deep political divide that currently exists in the United States. All of these phenomena are undoubtedly highly relevant in American politics, and it is also beyond question that they represent significant cleavages within the American polity. We argue, however, that disagreement over a much more fundamental matter lies at the foundation of the polarization that marks American politics in the early 21st century. That matter is personal responsibility. Some Americans fervently believe that an individual's lot in life is primarily if not exclusively his or her own responsibility. Opportunity is widespread in American society, and individuals succeed or fail based on their own talents and efforts. Society greatly benefits from such an arrangement, and as such government policies should support and reward individual initiative and responsibility. Other Americans see personal responsibility-while fine in theory-as an unjust organizing principle for contemporary American society. For these Americans, success or failure in life is far too often not the result of personal effort but of large forces well beyond the control of the individual. Opportunity is not widespread, and is by no means equally available to all Americans. In light of these basic facts of American life, it is the responsibility of the state to step in and implement policies that alleviate inequality and assist those who fail by no fault of their own. These basic differences surrounding the idea of personal responsibility are what separate Republicans and Democrats, conservatives and liberals, in contemporary American politics.


Personal Responsibility

Personal Responsibility

Author: Alexander Brown

Publisher: A&C Black

Published: 2009-11-30

Total Pages: 226

ISBN-13: 1847063993

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Individual responsibility is an issue at the heart of public debates surrounding justice today - this book explores the philosophical implications of this hugely topical contemporary debate.


Individual Responsibility in International Law for Serious Human Rights Violations

Individual Responsibility in International Law for Serious Human Rights Violations

Author: Lyal S. Sunga

Publisher: BRILL

Published: 2021-09-27

Total Pages: 252

ISBN-13: 9004479848

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What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.


The Age of Responsibility

The Age of Responsibility

Author: Yascha Mounk

Publisher: Harvard University Press

Published: 2017-05-09

Total Pages: 163

ISBN-13: 0674978293

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A New York Times Book Review Editors’ Choice Responsibility—which once meant the moral duty to help and support others—has come to be equated with an obligation to be self-sufficient. This has guided recent reforms of the welfare state, making key entitlements conditional on good behavior. Drawing on political theory and moral philosophy, Yascha Mounk shows why this re-imagining of personal responsibility is pernicious—and suggests how it might be overcome. “This important book prompts us to reconsider the role of luck and choice in debates about welfare, and to rethink our mutual responsibilities as citizens.” —Michael J. Sandel, author of Justice “A smart and engaging book... Do we so value holding people accountable that we are willing to jeopardize our own welfare for a proper comeuppance?” —New York Times Book Review “An important new book... [Mounk] mounts a compelling case that political rhetoric...has shifted over the last half century toward a markedly punitive vision of social welfare.” —Los Angeles Review of Books “A terrific book. The insight at its heart—that the conception of responsibility now at work in much public rhetoric and policy is both punitive and ill-conceived—is very important and should be widely heeded.” —Jedediah Purdy, author of After Nature: A Politics for the Anthropocene


Sovereignty as Responsibility

Sovereignty as Responsibility

Author: Francis M. Deng

Publisher: Rowman & Littlefield

Published: 2010-12-01

Total Pages: 300

ISBN-13: 9780815719731

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The authors assert that sovereignty can no longer be seen as a protection against interference, but as a charge of responsibility where the state is accountable to both domestic and external constituencies. In internal conflicts in Africa, sovereign states have often failed to take responsibility for their own citizens' welfare and for the humanitarian consequences of conflict, leaving the victims with no assistance. This book shows how that responsibility can be exercised by states over their own population, and by other states in assistance to their fellow sovereigns. Sovereignty as Responsibility presents a framework that should guide both national governments and the international community in discharging their respective responsibilities. Broad principles are developed by examining identity as a potential source of conflict, governance as a matter of managing conflict, and economics as a policy field for deterring conflict. Considering conflict management, political stability, economic development, and social welfare as functions of governance, the authors develop strategies, guidelines, and roles for its responsible exercise. Some African governments, such as South Africa in the 1990s and Ghana since 1980, have demonstrated impressive gains against these standards, while others, such as Rwanda, Somalia, Liberia, Nigeria, and Sudan, have failed. Opportunities for making sovereignty more responsible and improving the management of conflicts are examined at the regional and international levels. The lessons from the mixed successes of regional conflict management actions, such as the West African intervention in Liberia, the East African mediation in Sudan, and international efforts to urge talks to end the conflict in Angola, indicate friends and neighbors outside the state in conflict have important roles to play in increasing sovereign responsibility. Approaching conflict management from the perspective of the responsibilities of sovereignt


The Universal Declaration of Human Rights in the 21st Century

The Universal Declaration of Human Rights in the 21st Century

Author: Gordon Brown

Publisher: Open Book Publishers

Published: 2016-04-18

Total Pages: 129

ISBN-13: 1783742216

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The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.


The Law of International Responsibility

The Law of International Responsibility

Author: James Crawford

Publisher: Oxford University Press

Published: 2010-05-20

Total Pages: 1364

ISBN-13: 0199296979

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The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.