The criminal responsibility of the individual in public international law.

Abstract

Public International Law comprises a system of rules and principles that govern the international relations among sovereign States. In fact international law covers almost every facet of inter-State activity and there is very little done in the international arena that is not regulated by international law. It is the vital mechanism without which an increasing inter-dependent world cannot function. Yet, although the rules and principles of international law are created primarily by States for States, this must not lead one to think that international law today is unconcerned with the rights, duties and responsibilities of the individual In the past, international connections enlisted only on a rather limited scale and were with a few exceptions connections between States, maintained by envoys or through permanent legations. Consequently, the limited number of problems of international concern were solved either by means of bilateral negotiation between the states involved, through the diplomatic channels, or in some cues in diplomatic conferences. At this stage therefore, there was no greater need for permanent international organisations, and the individual as such, was definitely not a matter of international concern. However, the world-wide economic and cultural development u well u the ever increasing traffic across borders have radically changed the above state of again. Contacts and connections not only increased rapidly but were also no longer between States only. As a result a demand for a more permanent presence in the international society was created, and such could not be established merely through the traditional diplomatic channels. By means of the movement for an international recognition of human rights mainly through the United Nation 1948 Declaration Of Human Rights and the subsequent international multilateral treaties u well u the imposition of individual responsibility on prominent individuals of the German and Japanese nationalities in the Nuremberg and Tokyo Trials of war criminals, a general correlation between the rights, duties and responsibilities of the individual under international law has gradually emerged. Thus to the extent that the individual is held entitled to assert certain claims to human dignity and the protection of vital human interests at an international level, he can also be fairly held to assume a corresponding degree of criminal responsibility for actions and/or omissions that interfere with such values. The purpose of this thesis is to describe and analyse the position of the individual and if possibly to classify his status under adequate concepts of international law. Above all I intend to deal with the criminal responsibility of the individual in Public International Law arising from the most serious international crimes. The final chapter will be devoted to the possibility of establishing an international criminal court and the position of the individual as subject of proceedings before it.