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Confronting the Shadow StateAn International Law Perspective on State Organized Crime$
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Henri Decoeur

Print publication date: 2018

Print ISBN-13: 9780198823933

Published to Oxford Scholarship Online: June 2018

DOI: 10.1093/oso/9780198823933.001.0001

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State Responsibility for State Organized Crime

State Responsibility for State Organized Crime

Chapter:
(p.45) 2 State Responsibility for State Organized Crime
Source:
Confronting the Shadow State
Author(s):

Henri Decoeur

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198823933.003.0003

Chapter 2 discusses whether the involvement of senior public officials in organized crime may amount to an internationally wrongful act of the state. It shows that the conduct of state officials using the resources of the state to commit of facilitate the commission of organized criminal activities may in most cases be considered attributable to the state, discusses the situations in which the participation of the organs or agents of a state in organized crime may constitute a breach of an international obligation of the state, and outlines the conditions under which other states may be entitled to invoke the responsibility of a state involved in state organized crime where that state may be considered to have committed an internationally wrongful act.

Keywords:   state responsibility, attribution, internationally wrongful act, obligation of prevention, good faith, non-intervention, sovereignty over resources, pillage, human rights

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