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Author:   Thomas Weatherall
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   5
Weight:   0.795kg
ISBN:  

9789004505360

ISBN 10:   9004505369
Pages:   370
Publication Date:   18 March 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Foreword Preface Abbreviations About the Author Table of Cases Introduction part 1 Parameters of Responsibility 1 Subjects of Responsibility under International Law  a The State as a Subject of International Law  b The Individual as a Subject of International Law  c Duality of Responsibility in International Law 2 Primary and Secondary Rules  a Primary Rules  i Individual-Directed Rules  ii State-Directed Rules  b Secondary Rules  i Distinguishing Secondary Rules of Individual and State Responsibility  ii Secondary Rules of Individual Responsibility  iii Secondary Rules of State Responsibility  iv Associated Secondary Rules  1 Consequences  2 Defenses  3 Jurisdiction  4 Immunity part 2 Breach 3 Crimes under International Law  a Elements of Individual Criminal Responsibility  i The Objective Element  ii The Subjective Element  b An Element Approach to Crimes 4 Internationally Wrongful Acts  a Elements of State Responsibility  b Two Categories of Primary Rules  c Concurrent State Responsibility  i Peremptory Norms and their Correlates  ii Acta Jure Imperii  iii Crimes of States  iv Aggravated State Responsibility  d Complementary State Responsibility  i Obligations Erga Omnes  ii Implications of Distinct Primary Rules  1 International Crime as a Prerequisite  2 Attribution of International Crime not a Prerequisite  3 No Mitigation of Concurrent Responsibility for an International Crime 5 Breach and the Interaction of Primary and Secondary Rules  a Relationship between Elements of Individual and State Responsibility  b Sources of Law  c Standards of Proof part 3 Attribution 6 Rules of Attribution in International Criminal Law  a Modes of Attribution  i Commission  1 Direct Perpetration  2 Indirect Perpetration  3 Joint Criminal Enterprise  ii Encouragement  1 Planning  2 Ordering  3 Instigating  iii Assistance  1 Aiding and Abetting  2 Assisting in Commission of a Crime by a Group  iv Superior Responsibility  v Inchoate Offences  1 Attempt  2 Conspiracy  3 Incitement  b Conclusions  i Relevance to Attribution in the Law of State Responsibility  ii Identifying the Parameters of Modes of Attribution  iii Methodology and Sources of Law 7 Rules of Attribution in the Law of State Responsibility  a Modes of Attribution  i State Organs  ii De Facto State Organs  iii Ultra Vires Conduct  iv Other Circumstances in which Conduct may be Attributable to the State  1 Instruction of the State or under its Direction or Control  2 Exercise of Governmental Authority in the Absence of Official Authority  3 Insurrection  4 Conduct Acknowledged and Adopted by the State  b Conclusions  i Secondary Rules of General Applicability  ii Actions and Omissions 8 Convergence and Divergence in Attribution  a Principles of Attribution: Culpability and Objectivity Distinguished  b Double Attribution  c International Crimes, Official Capacity, and Attribution to the State  d Crimes under International Law Performed in a Private Capacity  e Attribution to the State and Individual Immunity Ratione Materiae part 4 Responsibility 9 Consequences  a Consequences of Individual Criminal Responsibility  i Purposes  ii Penalties  b Consequences of an Internationally Wrongful Act  i Consequences for the Responsible State  1 Cessation  2 Reparation  ii Consequences Beyond the Responsible State  1 Serious Breaches  2 Third-State Consequences  c Non-Recognition and Non-Maintenance  d Cooperation  iii Standing  1 Common Legal Interest in Performance  2 Beneficiaries of Invocation of Responsibility  e Differentiation in Forms of Responsibility and their Consequences 10 Defenses  a Exclusion of Responsibility for Crimes under International Law  i Failure of Proof  ii Justification and Excuse  b Circumstances Precluding Wrongfulness for Internationally Wrongful Acts  c Points of Contact in Avoidance of Responsibility 11 Jurisdiction  a Jurisdiction over Individuals under International Law  b Jurisdiction over States under International Law  c Divergence in Rules of Jurisdiction 12 Immunity  a Immunity of Individuals under International Law  i Immunity Ratione Personae  1 International Courts and Tribunals  2 Domestic Courts  ii Immunity Ratione Materiae  1 International Courts and Tribunals  2 Domestic Courts  iii Inviolability  b State Immunity under International Law  c Corresponding Divergence in Rules of Immunity part 5 Duality of Responsibility in International Law 13 The Legal Framework of Duality of Responsibility  a Individual Responsibility  b State Responsibility  c The Relationship Between Individual and State Responsibility  i Breach  ii Attribution  iii Responsibility 14 Conclusions Index

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Author Information

Thomas Weatherall, J.D., Ph.D. (Cantab), M.Sc. (Oxon), is an Attorney-Adviser in the Office of the Legal Adviser of the U.S. Department of State. The views expressed herein are the author’s own and not necessarily those of the Department of State or the U.S. Government.

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