- Title Pages
- Dedication
- Editor’s Preface
- Preface
- Foreword
- Abbreviations
- Table of Cases
- Table of International Treaties and Other Documents
- List of International Law Commission Documents
- 1 International Criminal Responsibility in the Two World Wars
- 2 Efforts to Codify and Develop the Law Relating to International Criminal Responsibility
- 3 The Concept of Criminal Organizations
- 4 The Criminal Responsibility of Corporations
- Conclusion to Part II
- Introduction to Part III
- 5 Jus Cogens
- 6 Obligations <i>Erga Omnes</i>
- 7 International Community Recognition
- 8 The Seriousness Test
- 9 The Conscience of Mankind
- 10 Elementary Considerations of Humanity
- 11 Peace and Security
- 12 Individual Criminal Responsibility under International Law
- Conclusion to Part III
- Introduction to Part IV
- 13 The Problems and Modalities of Punishing a State
- 14 Punitive Damages in International Law
- 15 The Institutional Framework and Procedures for Imposing Criminal Responsibility on States
- Conclusion to Part IV
- 16 State Practice since the Second World War
- 17 State Criminality and the Significance of the 1948 Genocide Convention
- Conclusion
- Appendix I Text of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide
- Appendix 2 Draft Articles on State Responsibility: Articles 15 to 19 on the Substantive and Instrumental Consequences of International Crimes Formulated by Mr Arangio-Ruiz, Special Rapporteur, in 1995<sup>1</sup>
- Appendix 3 State Responsibility: Titles and texts of the draft articles on Responsibility of States for internationally wrongful acts adopted by the Drafting Committee on second reading<sup>1</sup>
- Bibliography
- Index
The Problems and Modalities of Punishing a State
The Problems and Modalities of Punishing a State
- Chapter:
- (p.166) (p.167) 13 The Problems and Modalities of Punishing a State
- Source:
- The Responsibility of States for International Crimes
- Author(s):
Nina H. B. Jørgensen
- Publisher:
- Oxford University Press
This chapter considers the possible consequences of state crimes, ranging from punishment to the milder regime of responsibility considered by the International Law Commission. It also discusses the use of force, United Nations measures, and reprisals as forms of punishment. It also describes alternative possibilities of punishment, ranging from the severance of diplomatic relations to the sequestration of property, destruction of installations and demolition of factories, blockades, boycotts, embargoes, heavy fines, levies and seizure of assets, enforced disarmament, and military occupation.
Keywords: state crimes, punishment, International Law Commission, sanctions, force, United Nations, reprisals, diplomatic relations, military occupation
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- Title Pages
- Dedication
- Editor’s Preface
- Preface
- Foreword
- Abbreviations
- Table of Cases
- Table of International Treaties and Other Documents
- List of International Law Commission Documents
- 1 International Criminal Responsibility in the Two World Wars
- 2 Efforts to Codify and Develop the Law Relating to International Criminal Responsibility
- 3 The Concept of Criminal Organizations
- 4 The Criminal Responsibility of Corporations
- Conclusion to Part II
- Introduction to Part III
- 5 Jus Cogens
- 6 Obligations <i>Erga Omnes</i>
- 7 International Community Recognition
- 8 The Seriousness Test
- 9 The Conscience of Mankind
- 10 Elementary Considerations of Humanity
- 11 Peace and Security
- 12 Individual Criminal Responsibility under International Law
- Conclusion to Part III
- Introduction to Part IV
- 13 The Problems and Modalities of Punishing a State
- 14 Punitive Damages in International Law
- 15 The Institutional Framework and Procedures for Imposing Criminal Responsibility on States
- Conclusion to Part IV
- 16 State Practice since the Second World War
- 17 State Criminality and the Significance of the 1948 Genocide Convention
- Conclusion
- Appendix I Text of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide
- Appendix 2 Draft Articles on State Responsibility: Articles 15 to 19 on the Substantive and Instrumental Consequences of International Crimes Formulated by Mr Arangio-Ruiz, Special Rapporteur, in 1995<sup>1</sup>
- Appendix 3 State Responsibility: Titles and texts of the draft articles on Responsibility of States for internationally wrongful acts adopted by the Drafting Committee on second reading<sup>1</sup>
- Bibliography
- Index
