The term ‘international crime of State’ used by Roberto Ago in his draft article 19 on State responsibility was not novel.1 Moreover, neither the Special Rapporteur2 nor the International Law Commission3 suggested that a State’s responsibility for a ‘crime’ need necessarily be criminal. The use of such a term in codificatory text, however, foreshadowed an evolution of the law of responsibility and rekindled a tenacious controversy regarding the legal character of responsibility in international law. The notion of ‘international crime’ suggested that the...
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