- 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 Institutional Framework and Procedures for Imposing Criminal Responsibility on States
The Institutional Framework and Procedures for Imposing Criminal Responsibility on States
- Chapter:
- (p.208) 15 The Institutional Framework and Procedures for Imposing Criminal Responsibility on States
- Source:
- The Responsibility of States for International Crimes
- Author(s):
Nina H. B. Jørgensen
- Publisher:
- Oxford University Press
This chapter addresses the question of which international body is in a position to determine whether or not a crime has been committed. It describes available frameworks and procedures for imposing criminal responsibility on states. It also discusses the role of the International Court of Justice, the General Assembly, and the Security Council, and the role of third states in assisting in the enforcement of any decisions made by the determining body.
Keywords: international body, crimes, criminal responsibility, states, International Court of Justice, General Assembly, Security Council, third states
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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