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Part IV The Repression of the Crime of Genocide, 14 Immunities and Genocide

Paola Gaeta

From: The UN Genocide Convention: A Commentary

Edited By: Paola Gaeta

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 04 March 2024

Immunity from jurisdiction, ratione materiae — Immunity from jurisdiction, ratione personae
International criminal law heavily depends on the notion that state agents can be held criminally accountable for conducts amounting to international crimes, although they acted qua state agents. To put it differently, international criminal law must be grounded on the assumption that if a state agent has committed an international crime, he cannot escape criminal responsibility by claiming that he performed the wrongful conduct on behalf of his state. The reason is that international criminal law mainly deals with crimes that are usually perpetrated by state...
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