State responsibility and the development of individual responsibility in international criminal law

Abstract

This thesis tackles the evolution of the responsibility of the individual under international criminal law and the notion of State responsibility under international law. It examines the historical development of the notion of State responsibility, followed by an examination of the feasibility of this notion, by discussing issues such as the attribution of acts of individuals to the State and the consequences following a breach of a State's obligations. It then discusses two situations which give rise to the responsibility of the State under international law: that relating to the involvement of the State in the acts of paramilitary organisations, and that involving a lack of compliance with a State's duty to prosecute and punish violations of international law. The examination of the evolution of the international criminal responsibility of the individual starts by tracing its historical background with the main focus being on the Leipzig, Nuremberg and Tokyo Trials. The impact of the ICTY and the ICTR is then discussed, focusing on the notion of joint criminal enterprise and sexual violence as an international crime. The Rome Statute and the ICC are also discussed, primarily in relation to the system of complimentary and the notion of ne bis in dem and the Court's impact on the prevention of atrocities. The fundamental principles of international criminal law are then discussed, with this discussion being restricted to the principle of nullum crime sine lege and the doctrine of superior orders. In concluding, the importance of the development of individual responsibility under international criminal law is highlighted, and it is argued that violations of international law require a multi-faceted approach, which encompasses both the criminal responsibility of the individual and the civil accountability of the state.