The Relationship Between State and Individual Responsibility for International Crimes

Abstract

While it is settled principle that states incur international responsibility when they commit international crimes and also that international law provides for the criminal responsibility of individuals who commit international crimes, the relationship between these two regimes is far more uncertain, as is evidenced by a recent case before the International Court of Justice concerning the state responsibility of Serbia for international crimes against Bosnian Muslims when the same conduct also fell under the jurisdiction of the International Criminal Tribunal for the former Yugoslavia, which was charged with the prosecution of individuals. This volume investigates the issue, conducting a three-step analysis that explores the ideal theoretical underpinnings of state and individual responsibility, examines the reality of international practice and the most significant problems found in the relationship, and constructs a general legal framework that can account for the relationship and resolve the difficulties that arise.