Chapter

Criminal Responsibility for the Unlawful Use of Force in Inter-State Relations

Ian Brownlie

in International Law and the Use of Force by States

Published in print March 1963 | ISBN: 9780198251583
Published online March 2012 | e-ISBN: 9780191681332 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198251583.003.0008
Criminal Responsibility for the Unlawful Use of Force in Inter-State Relations

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The concept of criminal responsibility of states is described. The concept of the criminal liability of individuals responsible for the unlawful use of force in inter-state relations is also shown. In the draft Treaty of Mutual Assistance of 1923, the Geneva Protocol of 1924, and the resolutions of the League Assembly in 1925 and 1927, a war of aggression was declared an ‘international crime’. The provisions of municipal law concerning acts likely to cause war are provided. Allied declarations on the punishment of war criminals contained no unequivocal statement of an intention to punish crimes against peace. There is no lack of justice or reason in punishing the individual who gives reality and substance to the ‘acts of the state’, since it is he and not the state entity which has the mens rea.

Keywords: criminal responsibility; acts of the state; unlawful use; force; punishment; international crime; mens rea; Geneva Protocol; League Assembly

Chapter.  8915 words. 

Subjects: Public International Law

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