The Practice of Shared Responsibility in Relation to Responsibility of States and Individuals for Mass Atrocity Crimes
Forthcoming in: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016)
SHARES Research Paper 105 (2016)
25 Pages Posted: 28 Aug 2016
Date Written: January 2016
This chapter focuses on the practice of holding states and individuals responsible for genocide, war crimes, and crimes against humanity, referred to generally as ‘mass atrocity crimes’. The International Court of Justice (ICJ or Court) has noted the separate existence of individual criminal responsibility and state responsibility as a constant feature of international law, and that they are governed by different legal régimes and pursue different aims. The purpose of this chapter is to analyse through the lens of shared responsibility the existing case law of international courts and tribunals concerning international responsibility for mass atrocity crimes, while also including a brief discussion of the crime of aggression.
Keywords: Shared responsibility, State responsibility, individual criminal responsibility, International Court of Justice, ICTY, ICTR, mass atrocity crimes
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