Part A Major Problems of International Criminal Justice, I How to Face International Crimes, State Responsibility and Criminal Liability of Individuals

A quick look at recent practice is sufficient to realize that state responsibility and individual criminal liability are considered as distinct in international law.1 The ILC Articles on State Responsibility, which the GA took note of in 2001,2 expressly exempt from their scope of application ‘any question of the individual responsibility under international law of any person acting on behalf of a State’ (Art. 58). Likewise, the ICCSt. provides that ‘[n]o provision in this Statute relating to individual criminal responsibility shall affect the responsibility of...