Guide The Relationship Between State and Individual Responsibility for International Crimes

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BEATRICE I. BONAFÈ, THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES. Martinus Nijhoff .
Table of contents

On this point, the so-called Nuremberg Principles adopted by the United Nations General Assembly in , the creation of ad hoc international criminal courts for the former Yugoslavia and Rwanda, in and , and the adoption of the Statute of the International Criminal Court and its entry into force on July 1, as a permanent court, establish an international jurisdiction to judge individuals responsible for committing these serious crimes.

Moreover, developments in international law, in addition to important developments in the jurisprudence of various states, have made it possible to consolidate a universal jurisdiction and multiple jurisdictional bases for the purpose of prosecuting serious crimes under international law. Universal jurisdiction empowers states to establish their jurisdiction with a view to prosecuting, bringing to trial, and punishing persons considered responsible for committing serious crimes against international law.

This universal jurisdiction is reflected in instruments such as the Geneva Conventions.

In addition, a series of regional and international legal instruments provide for multiple jurisdictional bases for judging international crimes. These treaties require states to take steps to judge these crimes in their jurisdiction, or to extradite the accused persons for prosecution. Moreover, the consensus of states has extended this concept to include other international offenses, such as in the case of the Inter-American Convention Against Corruption.

In view of the gravity of these international crimes and the obligation to investigate, prosecute, punish, and make reparations, states should cooperate to ensure that the perpetrators of these crimes do not remain unpunished. In carrying out this duty, states should consider that even when international crimes are so serious that they affect the entire international community, they primarily have an impact on the state in whose jurisdiction they occur, and especially on the people living in that state.

Consequently, the principle of territoriality must prevail in the case of a jurisdictional conflict, provided that there are adequate, effective remedies in that state to prosecute such crimes and guarantee the application of rules of due process for the alleged perpetrators, and that there is an effective will to bring them to justice. URGE states to adopt the legislative and other measures needed to ensure punishment for international crimes such as genocide, crimes against humanity and war crimes.

The practice

URGE states to combat impunity in the case of international crimes by invoking and exercising their jurisdiction over such crimes on the basis of the different types of existing jurisdiction. Can match and sign ebook the relationship between Figures of this knock-offs to need Documents with them.

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Handbook - Course - International Criminal Law - LAWS

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