International Crimes of State :A Critical Analysis of the ILC's Draft Article 19 on State Responsibility

Publication subTitle :A Critical Analysis of the ILC's Draft Article 19 on State Responsibility

Author: Joseph H. Weiler   Antonio Cassese   Marina Spinedi  

Publisher: De Gruyter‎

Publication year: 1989

E-ISBN: 9783110901603

P-ISBN(Paperback): 9783110116199

Subject:

Language: ENG

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Chapter

The Concept of “International Crimes” and its Place in Contemporary International Law

Obligations Erga Omnes, International Crimes and Jus Cogens: A Tentative Analysis of Three Related Concepts

International Crimes – A Specific Regime of International Responsibility of States and its Legal Consequences

Implications of the Institutionalization of International Crimes of State

Part III. Crimes of State: A General Discussion

Introduction to the Debate

General Discussion. Observations on “Crimes of States“

Remarks on the Present Legal Regulation of Crimes of States

Some Comments on State Crimes and Lex Lata

Remarks on Some Classes of Crimes by States

State Crimes and Lex Lata

On Defining the Concept

Responsibility and State Crimes

The Concept of Crimes of States: Evolution, Operation and Codification

Remarks on Deficient Drafting of Article 19

State Responsibility and the Concept of Crimes of States

Lex Lata: Is there already a Diffentiated Regime of State Responsibility in the Geneva Conventions?

Critical Remarks on the Applicability of the Concept of Crimes of State to Humanitarian Law

The Continuity between Certain Principles of Humanitarian Law and the Concept of Crimes of States

Obligations Erga Omnes and the International Community

Short Comments on the Concept of Crimes of States and Some Related Notions

JUS Cogens and Crimes of State

State Responsibility: Lex Ferenda and Crimes of State

Lex Lata or the Continuum of State Responsibility

Convergences and Divergencies on the Legal Consequences of International Crimes of States: With Whom Should Lie the Right of Response?

The Objectives of a New Regime and the Means for Accomplishment

Critical Observations on Crimes of State and the Notion of “International Community as a Whole”

The Concept of “International Community as a Whole”: A Guarantee to the Notion of State Crimes

On the Reaction of the “International Community as a Whole”: A Perspective of Survival

Crimes of State, Ius Standi, and Third States

State Crimes Implementation Problems: Who Reacts?

The Need to Abolish the Concept of Punishment

Crimes of State: The Concept and Response

Legal Questions Relating to the Consequences of International Crimes

Some Short Remarks: Consequences and Terminology

Measures Available to Third States Reacting to Crimes of State

The Institutional Framework

Part IV. Crimes of State: General Overviews of the Debate

Problems and Issues Raised by Crimes of States: An Overview

The Need to Better Clarify the Concept of Crimes of States

Part V. Crimes of State: Part Two of the ILC Work on State Responsibility

International Crimes: Injury and Countermeasures. Comments on Part 2 of the ILC Work on State Responsiblity

Part VI. Crimes of State: Conclusions

On Prophets and Judges. Some Personal Reflections on State Responsibility and Crimes of State

Part VII. Crimes of State: Bibliography

International Crimes of State. Bibliography 1946–1984

Part VIII. Crimes of State: Annexes

I. Draft Articles on State Responsibility Adopted So Far by the International Law Commission

II. Draft Articles on State Responsibility Submitted by Special Rapporteur Riphagen

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