Nina H. B. Jørgensen

Print publication date: 2000

Print ISBN-13: 9780198298618

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198298618.001.0001

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ContentsFRONT MATTER

Title Pages
Dedication
Editor’s Preface
Preface
Foreword
Abbreviations
Table of Cases
Table of International Treaties and Other Documents
List of International Law Commission Documents
Part I Historical Introduction to the Concept of State Criminality
- 1 International Criminal Responsibility in the Two World Wars
- 2 Efforts to Codify and Develop the Law Relating to International Criminal Responsibility
Part II Juridical Status of the Concept of State Criminality
- 3 The Concept of Criminal Organizations
- 4 The Criminal Responsibility of Corporations
- Conclusion to Part II
PART III Candidate Criteria and Indicia for Identifying State Crimes
- Introduction to Part III
- 5 Jus Cogens
- 6 Obligations Erga Omnes
- 7 International Community Recognition
- 8 The Seriousness Test
- 9 The Conscience of Mankind
- 10 Elementary Considerations of Humanity
- 11 Peace and Security
- 12 Individual Criminal Responsibility under International Law
- Conclusion to Part III
Part IV Practical Feasibility of the Concept of State Criminality
- Introduction to Part IV
- 13 The Problems and Modalities of Punishing a State
- 14 Punitive Damages in International Law
- 15 The Institutional Framework and Procedures for Imposing Criminal Responsibility on States
- Conclusion to Part IV
PART V Status of the Concept of State Criminality in Contemporary International Law
- 16 State Practice since the Second World War
- 17 State Criminality and the Significance of the 1948 Genocide Convention
- Conclusion
END MATTER
Appendix I Text of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide
Appendix 2 Draft Articles on State Responsibility: Articles 15 to 19 on the Substantive and Instrumental Consequences of International Crimes Formulated by Mr Arangio-Ruiz, Special Rapporteur, in 1995
Appendix 3 State Responsibility: Titles and texts of the draft articles on Responsibility of States for internationally wrongful acts adopted by the Drafting Committee on second reading
Bibliography
Index

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State Practice since the Second World War

Chapter:: (p. 236 ) (p. 237 ) 16 State Practice since the Second World War
Source:: The Responsibility of States for International Crimes
Author(s):: Nina H. B. Jørgensen
Publisher:: Oxford University Press

DOI:10.1093/acprof:oso/9780198298618.003.0021

This chapter is concerned with state practice since the Second World War. It provides examples of international inaction in the face of criminal behaviour by a state, such as Stalinist Russia, the Cambodian genocide, and the aggression which sparked off the 1980 to 1988 Iran-Iraq war.

Keywords: state practice, Second World War, criminal behaviour, Stalinist Russia, Cambodian genocide, Iran-Iraq War

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Nina H. B. Jørgensen

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State Practice since the Second World War

Nina H. B. Jørgensen