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International Criminal Law Case Study

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The international criminal law entails criminal responsibility of individuals for the commission of criminal acts involving grave breaches of fundamental rights. The international legal system experienced renaissance of ideas, starting from the establishment of Nuremberg and Tokyo tribunals, which established individual criminal responsibility for the massive violations of human rights and breaches of the laws of armed conflicts. As mentioned in the Nuremberg judgement: ‘crimes against international law are committed by men, not abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced... Individuals have international duties which transcend the national obligations of obedience …show more content…
This development was followed by the creation of hybrid and internationalised criminal tribunals, such as the Special Court for Sierra Leone, the Special Tribunal for Lebanon etc., and by the establishment of permanent International Criminal Court. But all these developments is dealing with the individual criminal responsibility, not with the responsibility of states for international crimes. As the protection of fundamental human rights is one the centrepieces of customary rules and inseparable part of peremptory norms or jus cogens norms, States can not be remained outside of responsibility for the grave violations of such rights as a result of massive systematic attacks, which can be part of State policy. Generally, individual criminal responsibility for international crimes does not exclude State responsibility. There are a number of cases where claims on State responsibility were accompanied by prosecutions of individuals. Attribution of genocide acts committed in former Yugoslavia between 1991-1995, to Slobodan Milosevic and to Yugoslavia can be an example to parallel attribution. Law on war crimes also recognises the possibility of double attribution. As mentioned in the Article 29 of the Geneva Convention [IV]: ‘The party to the conflict, in whose hands protected persons may be, is …show more content…
The Statutes of the international criminal tribunals envisage only individual criminal responsibility. In the Genocide case the International Court of Justice found the responsibility of Serbia for the criminal acts committed in Bosnia and Herzegovina. The Court held that, Serbia is not responsible for the commission of genocide, but it bears responsibility for the indifference towards the prevention of genocide and for not punishing the perpetrators of genocide. It means that States bear responsibility for the breaches of rules of international law by the individuals acting on behalf of it. Although the Genocide Convention does not envisage the responsibility explicitly, but in the Article 1 two obligations are put on State: to prevention and punishment of

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