Shared Non-responsibility in International Law? Defences and the Responsibility of Co-perpetrators and Accessories in the Guiding Principles: Afterword

European Journal of International Law (2020) 34(1)

University of Cambridge Faculty of Law Research Paper No. 6/2021

17 Pages Posted: 22 Jan 2021

See all articles by Federica Paddeu

Federica Paddeu

Queens' College, University of Cambridge

Multiple version iconThere are 2 versions of this paper

Date Written: January 21, 2021

Abstract

This comment assesses the approach to the reach of defences beyond the international legal person(s) who is (or are) the author(s) of the internationally wrongful act articulated in Guiding Principle 5 of the Guiding Principles on Shared Responsibility in International Law. It will focus on three main points: (1) whether the choice in respect of the reach of defences in Principle 5 is justifiable for the international legal order; (2) the reach of defences in cases of coercion, where the coerced party may benefit from a defence due to the coercion (in the form of a force majeure defence); and (3) the ‘blindspot’ in the Guiding Principles in relation to defences of accessories, in particular where the conditions for accessorial liability are defined broadly as in the case of Principle 6 on aid and assistance.

Suggested Citation

Paddeu, Federica, Shared Non-responsibility in International Law? Defences and the Responsibility of Co-perpetrators and Accessories in the Guiding Principles: Afterword (January 21, 2021). European Journal of International Law (2020) 34(1) , University of Cambridge Faculty of Law Research Paper No. 6/2021, Available at SSRN: https://ssrn.com/abstract=3770705 or http://dx.doi.org/10.2139/ssrn.3770705

Federica Paddeu (Contact Author)

Queens' College, University of Cambridge ( email )

Silver Street
Cambridge, CB3 9ET
United Kingdom

HOME PAGE: http://www.law.cam.ac.uk/people/academic/fi-paddeu/2208

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