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
There are 2 versions of this paper
Shared Non-responsibility in International Law? Defences and the Responsibility of Co-perpetrators and Accessories in the Guiding Principles: Afterword
Shared Non-responsibility in International Law? Defences and the Responsibility of Co-perpetrators and Accessories in the Guiding Principles: Afterword
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.
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