Chapter

The relationship between individual criminal responsibility and state responsibility in the terrorism context

Kimberley N. Trapp

in State Responsibility for International Terrorism

Published in print June 2011 | ISBN: 9780199592999
Published online September 2011 | e-ISBN: 9780191729102 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199592999.003.0006

Series: Oxford Monographs in International Law

The relationship between individual criminal responsibility and state responsibility in the terrorism context

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Chapter 6 explores the different facets of the relationship between individual criminal responsibility and State responsibility in the terrorism context. In particular, it assesses the way in which determinations of individual criminal responsibility for acts of terrorism can catalyze the invocation, implementation and acceptance of State responsibility. Chapter 6 also explores the potential intersection of individual criminal responsibility and State responsibility in the form of satisfaction by considering the extent to which a State's responsibility for terrorist conduct can be discharged through prosecution of the terrorist actors. Finally, Chapter 6 considers the ICJ's willingness to engage with determinations by international criminal tribunals and explores the potential role of criminal convictions before the ICC (for terrorism as the crime of aggression or a crime against humanity) in implementing State responsibility for international terrorism.

Keywords: Terrorism; State terrorism; International Criminal Court; crimes against humanity; crime of aggression; satisfaction; individual criminal responsibility; international criminal law

Chapter.  18612 words. 

Subjects: Public International Law

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