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Part IV The Content of International Responsibility, Ch.47 The Obligation of Non-Assistance to the Responsible State

Nina HB Jørgensen

From: The Law of International Responsibility

Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 June 2024

Responsibility of states — Wrongful acts — Peremptory norms / ius cogens — State practice
After a considerable amount of conceptual juggling during the period 1996–2001, the International Law Commission (ILC) confirmed in its Articles on State Responsibility that there was a need to distinguish between two degrees or levels of responsibility. The term ‘international crime’, which was formerly used to describe the conceptual foundation of the ‘aggravated’ regime of responsibility, has been discarded. However, the obligations incumbent upon all States in the face of an ‘extraordinary’ wrongful act have survived the conceptual changes, suggesting that the...
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