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13 - State responsibility for international crimes

Published online by Cambridge University Press:  08 October 2009

André Nollkaemper
Affiliation:
Universiteit van Amsterdam
Harmen van der Wilt
Affiliation:
Universiteit van Amsterdam
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Summary

Introduction

In the ILC Articles on State Responsibility, as they were taken note of by the General Assembly in 2001, the very term of ‘crimes’ is missing in the overall codification of the law of state responsibility. Even if the term as such has vanished, be it considered a positive or a negative development, it remains to be seen whether instances of ‘state criminality’ indeed do give rise to specific consequences when it comes down to the law of state responsibility, and if so, what consequences could arise.

Yet there exists, at least grosso modo, a significant overlap between the notion of ‘system criminality’ on the one hand, and that one remaining from the concept of state crimes in the ILC Articles on State Responsibility on the other, namely the concept of serious breaches of peremptory norms of international law, as provided for in Articles 40 and 41 of said articles. Therefore, for the sake of briefness, the term ‘state crimes’ will henceforth interchangeably be used, although there might exist some specific distinctions between the notion of ‘state crimes’, ‘serious breaches of peremptory norms’, and instances of ‘state criminality’.

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Publisher: Cambridge University Press
Print publication year: 2009

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