Imputed Criminal Liability and the Goals of International Justice

Darcy, Shane

doi:10.1017/s0922156507004116

Cited by 7 publications

(5 citation statements)

References 11 publications

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“…4 ASR. 23 Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Yugoslavia) (Merits) [2007] Judgment, ICJ Rep, 26 February 2007, para. 392.…”

Section: Rules Of Attribution For Statesmentioning

confidence: 99%

“…P. Petit, 'Responsibility Incorporated'(2007) 38 Netherlands Journal of Legal Philosophy 2, 90-117, at 111. 77 Ibid, 113.…”

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“…Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Yugoslavia) (Merits)[2007] Judgment, ICJ Rep, 26 February 2007. See also A. Nollkaemper, 'A Concurrence between Individual Responsibility and State Responsibility in International Law' (2003) 52 International and Comparative Law Quarterly, 615-640.…”

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“…A/CN.4/532, para. 2.28 J. E. Alvarez, 'Book Review of Dan Sarooshi: International Organizations and Their Exercise of Sovereign Powers'(2007) 101 American Journal of International Law, 676-677.29 In the General Commentary of the ARIO, the ILC recognised that '[t]he fact that several of the present draft articles are based on limited practice moves the border between codification and progressive development in the direction of the latter'. See Articles on the Reponsibility of International Organisations, General Commentary, p. 2, para.…”

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confidence: 99%

“…Nairobi declaration on Women's and Girls' Right to a Remedy and Reparation, Nairobi, 19-21 March 2007, Preamble, para. 5, emphasis added.74 V. Couillard, 'The Nairobi Declaration: Redefining Reparations for Women Victims of Sexual Violence'(2007) 1 The International Journal of Transitional Justice, 444-453, at 449.75 Ibid, 449.76 UN Security Council, 'From Madness to Hope: the 12-year war in El Salvador: Report of the Commission on the Truth for El Salvador' (1993) Annex, S/25500, 177.…”

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confidence: 99%

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Towards a Regime of Responsibility of Armed Groups in International Law

Álvarez¹

2020

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vi 2.4.A responsibility regime for armed groups under international law: an assessment 2.4.1. The responsibility gap and the rule of law 2.4.2. Prevention of impunity and the right to reparation of victims of armed conflict 2.4.3. The insufficiency of individual criminal responsibility 2. 4.4. Complementarity between individual criminal responsibility and state/collective responsibility 2.4.5. Challenges of a responsibility regime for armed groups 2.4.6. Concluding remarks on the assessment of a responsibility regime for armed groups 2.5. Conclusions CHAPTER 3 DEVELOPING A RESPONSIBILITY REGIME FOR ARMED GROUPS IN INTERNATIONAL LAW 3.1. vii responsibility of armed groups: a proposal 3.6. Conclusions CHAPTER 4 THE ATTRIBUTION OF CONDUCT TO ARMED GROUPS 4.1. 93 4.2.3. Towards the identification of core principles of attribution for collective entities 95 4.3. Adjusting the core principles of attribution to the conduct of armed groups 96 4.3.1. The issue of structural disparity of armed groups 97 4.3.1.1. Military and political wing 97 4.3.1.2. Centralised and decentralised groups 98 4.3.1.3. Changes of structure over the course of time 4.3.2. Concluding remarks on the adjustment of principles of attribution to armed groups 4.4. Application of rules of attribution to armed groups 4.4.1. Conduct of organs and/or agents of the armed group 4.4.1.1. The notion of organs and agents of armed groups 4.4.1.2. Is the notion of membership of armed groups relevant? 4.4.1.3. Concluding remarks: Agency based on a functional approach 4.4.2. Conduct directed and controlled by an armed group 4.4.2.1. Conduct of individuals 4.4.2.2. Conduct of factions and other entities associated with armed groups 4.4.2.3. Concluding remarks: Agency based on direction and control 4.4.3. Acknowledgment of the conduct by the armed group 4.4.3.1. Examples from the practice of armed groups 4.4.3.2. Conditions for its validity 4.4.3.3. Key implications for the process of attribution of conduct 4.5. Conclusions CHAPTER 5 THE OBLIGATION TO PROVIDE REPARATIONS BY ARMED GROUPS 5.1. viii 5.3.1. International humanitarian law 5.3.1.1. UN Basic Principles and Guidelines on the right to a remedy and reparation for victims of gross violations of International Human Rights Law and serious violations of International Humanitarian Law 5.3.1.2. The ILA Committee on the issue of Reparations for Victims of Armed Conflict 5.3.1.3. The Nairobi declaration on Women's and Girls' Right to a Remedy and Reparation 5.3.1.4. UN Commissions of Inquiry and other monitoring mechanisms 5.3.1.5. 2018 Report on Armed Non-State Actors by the UN Special Rapporteur on extrajudicial, summary or arbitrary killings 5.3.2. International human rights law 5.3.3. International criminal law 5.3.4. Reparations at the domestic level 5.3.5. Concluding remarks on the framework of reparations for violations committed in armed conflict 5.4.The practice of armed groups regarding reparations 5.4.1. Peace agreements between armed groups and states 5.4.2. Unilateral declarations by armed groups 5.4.3. ...

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Section: Rules Of Attribution For Statesmentioning

confidence: 99%

“…P. Petit, 'Responsibility Incorporated'(2007) 38 Netherlands Journal of Legal Philosophy 2, 90-117, at 111. 77 Ibid, 113.…”

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confidence: 99%

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confidence: 99%

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confidence: 99%

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confidence: 99%