Publication details
Teoretická východiska vztahu odpovědnosti státu a jednotlivce v mezinárodním právu
| Title in English | Theoretical Basis of Relation between State and Individual Responsibility in International Law |
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| Authors | |
| Year of publication | 2010 |
| Type | Article in Periodical |
| Magazine / Source | Právník - Teoretický časopis pro otázky státu a práva |
| MU Faculty or unit | |
| Citation | |
| Keywords | state responsibility, individual responsibility, international crime, crimes under international law |
| Description | Presented paper elaborates theoretical approaches towards relation between state and individual responsibility for international crimes. To this very day, scholars have presented all combinations of mutual relationship. Individual criminal responsibility can be envisaged as integral part of state responsibility for international wrongful act, as autonomous concept completely independent on state responsibility, and finally as autonomous concept determining or determined by state responsibility. Author identifies himself with prevalent opinion according to which state and individual responsibility are separated regimes based on different principles, nevertheless pursuing identical goal. The relation between these regimes can be best described as mutual complementarity. Despite aforementioned conclusion, there is little doubt, that there are certain areas of close contact between state and individual responsibility, which is illustrated e.g. in cases where otherwise objective character of state responsibility is rendered more subjective by existence of fault in primary rules of state conduct. |