Complicity and its limits in the law of international responsibility /
Lanovoy, Vladyslav,
Complicity and its limits in the law of international responsibility / Vladyslav Lanovoy. - London Hart Publishing 2016 - l, 383 pages ; 24 cm. - Studies in international law ; volume 59 . - Studies in international law (Oxford, England) ; v. 59. .
Includes bibliographical references and index.
Contents
Introduction
The origins of complicity in International law
The regimes of complicity in International law
The ILC rules on responsibility for complicity
Establishing responsibility for complicity
Legal consequences and implementat ion of responsibility for complicity
Complicity as a basis of attribution of conduct
Conclusion.
Machine generated contents note: 1.Introduction
I.Research Question
II.The Definition of Complicity in International Law
III.Responsibility for Complicity in an Internationally Wrongful Act
IV.The Treatment of Responsibility for Complicity in Doctrine
V.The Model(s) of Responsibility for Complicity
VI.Methodology
VII.The Role of Responsibility for Complicity in the International Legal Order
VIII.Structure
2.The Origins of Complicity in International Law
I.Introduction
II.The Antecedents of Complicity in the Operation of Neutrality
A.Rights and Duties of Neutrals
B.The Prohibition of Aid or Assistance to Belligerents
III.Complicity in the Writings of Founding Fathers of International Law
A.The Emergence of Responsibility as an Independent Legal Category
B.Complicity
-Attribution of Responsibility or Attribution of Conduct
IV.Interim Conclusions
3.The Regimes of Complicity in International Law
Contents note continued: II.Complicity in International Criminal Law
A.Complicity in the Nuremberg Charter
B.Codification of Complicity in the Genocide Convention
C.Aiding and Abetting in the Practice of the Ad Hoc Tribunals and the ICC
i.Material Element (Actus Reus)
ii.Mental Element (Mens Rea)
iii.Complicity in the ICC Rome Statute
D.Parallels to Complicity in the Law of International Responsibility
III.Codification of Complicity in the Law of International Responsibility
A.Complicity's Big Bang (Ago)
B.Complicity's Revolution (Crawford)
C.Complicity's Restatement (Gaja)
4.The ILC Rules on Responsibility for Complicity
H.General Regime of Complicity (Articles 16 ARSIWA and 14 ARIO)
A.Preliminary Remarks
B.Constituent Elements
i.The Threshold of Complicity
ii.Knowledge of the Circumstances of the Internationally Wrongful Act
Contents note continued: iii.Complicity with a View to Facilitating the Commission of the Internationally Wrongful Act
iv.Opposability of the Obligation Breached
III.Aggravated Regime of Complicity (Articles 41(2) ARSIWA and 42(2) ARIO)
B.Constituent Elements of the Obligation of Non-assistance
i.The Existence of a Serious Breach of Peremptory Norm of International Law
ii.The Operation of the Obligation Not to Render Aid or Assistance
IV.Complicity of States in an Internationally Wrongful Act of the International Organisation (Article 58 ARIO)
V.Complicity and Other Forms of Shared or Ancillary Responsibility
A.Other Forms of Indirect Attribution of Responsibility
i.Direction and Control
ii.Coercion
iii.Circumvention of International Obligations
B.Joint and Several Responsibility
i.Separability of International Responsibility
ii.Wrongful Acts Committed by a Common Organ or Jointly Run Operations
Contents note continued: VI.Interim Conclusions
5.Establishing Responsibility for Complicity
II.Material Element
A.The Content of Complicity and its Link to the Principal Wrongful Act
i.Comments of States and International Organisations
ii.The Fattispecie of Complicity in Practice
a.Delivering Military Aid or Assistance to States and Non-State Actors
b.Delivering Aid or Assistance Pursuant to a Treaty or Export Licences
c.Authorising or Failing to Object to the Use of Territory
d.Financing and Granting Export Credit Guarantees
e.Providing Technical Assistance, Intelligence and Personnel
f.Delivering Aid or Assistance in the Context of Multinational Military Intervention
g.Extraditing Foreign Nationals
iii.Preliminary Conclusions
B.The Content of Complicity in Primary Norms
i.Arms Control Treaties Prohibiting Complicity
a.The Chemical Weapons Convention
Contents note continued: b.The Convention on the Prohibition of Anti-personnel Mines
c.The Convention on Cluster Munitions
ii.Rules Prohibiting Complicity in the Use of Force
a.Complicity in the Violations of Jus ad Bellum
1.Article 3(f) of the Declaration on Aggression
2.Article 2(5) UN Charter
3.Modern Regulation of Neutrality
4.Obligations of Due Diligence
5.Concluding Remarks
b.Complicity in the Violations of Jus in Bello
iii.Primary Rules Prohibiting Complicity in Human Rights Violations
C.Complicity and Due Diligence: Overlap or Parallel Functioning?
i.Knowledge-based Distinction
ii.Character and Control-based Distinction
iii.Implications for the Material Scope of Complicity
D.Concluding Remarks
III.Cognitive Element: Knowledge and/or Intention?
A.Knowledge: `Circumstances of the Internationally Wrongful Act'
B.Intention: `With the View to Facilitating the Commission of the Wrongful Act'
C.Normative Solution(s)
Contents note continued: IV.Opposability Element
A.Importing the Pacta Tertiis Rule: Is it Appropriate in the Law of International Responsibility?
B.Opposability Element: A Requiem of Responsibility for Complicity?
i.The Character of the Obligation Breached
ii.The Moment in Time for Assessing the Opposability Requirement
V.Interim Conclusions
6.Legal Consequences and Implementation of Responsibility for Complicity
II.Legal Consequences and Content of Responsibility for Complicity
A.Cessation (Articles 30(a) ARSIWA/ARIO)
B.Assurances and Guarantees of Non-repetition (Articles 30(b) ARSIWA/ARIO)
C.Reparation (Articles 31 ARSIWA/ARIO)
i.Causal Analysis
-Linking Injury to the Wrongful Conduct
a.The ILC's Approach to Causation in General
b.Applying Causal Tests to Complicity
c.Multiple Chains of Causation and Attenuation of Responsibility
ii.Forms of Reparation
a.Restitution (Articles 35 ARSIWA/ARIO)
Contents note continued: b.Compensation (Articles 36 ARSIWA/ARIO)
c.Satisfaction (Articles 37 ARSIWA/ARIO)
III.Implementation of Responsibility for Complicity
A.Invocation of Responsibility for Complicity
B.Countermeasures Against Complicit States or International Organisations
C.Responsibility for Complicity in Consent-based Dispute Settlement
7.Complicity as a Basis of Attribution of Conduct
II.Existing Grounds of Attribution of Conduct
III.Complicity Filling the Gaps in the Current Regime of Attribution
8.Conclusion
I.Complicity and its Limits in the Law of International Responsibility
II.A Revised Model of Complicity: From Concept to Function?.
9781782259404
Government liability (International law)
International criminal law.
Accomplices.
342.088 / LAN.C
Complicity and its limits in the law of international responsibility / Vladyslav Lanovoy. - London Hart Publishing 2016 - l, 383 pages ; 24 cm. - Studies in international law ; volume 59 . - Studies in international law (Oxford, England) ; v. 59. .
Includes bibliographical references and index.
Contents
Introduction
The origins of complicity in International law
The regimes of complicity in International law
The ILC rules on responsibility for complicity
Establishing responsibility for complicity
Legal consequences and implementat ion of responsibility for complicity
Complicity as a basis of attribution of conduct
Conclusion.
Machine generated contents note: 1.Introduction
I.Research Question
II.The Definition of Complicity in International Law
III.Responsibility for Complicity in an Internationally Wrongful Act
IV.The Treatment of Responsibility for Complicity in Doctrine
V.The Model(s) of Responsibility for Complicity
VI.Methodology
VII.The Role of Responsibility for Complicity in the International Legal Order
VIII.Structure
2.The Origins of Complicity in International Law
I.Introduction
II.The Antecedents of Complicity in the Operation of Neutrality
A.Rights and Duties of Neutrals
B.The Prohibition of Aid or Assistance to Belligerents
III.Complicity in the Writings of Founding Fathers of International Law
A.The Emergence of Responsibility as an Independent Legal Category
B.Complicity
-Attribution of Responsibility or Attribution of Conduct
IV.Interim Conclusions
3.The Regimes of Complicity in International Law
Contents note continued: II.Complicity in International Criminal Law
A.Complicity in the Nuremberg Charter
B.Codification of Complicity in the Genocide Convention
C.Aiding and Abetting in the Practice of the Ad Hoc Tribunals and the ICC
i.Material Element (Actus Reus)
ii.Mental Element (Mens Rea)
iii.Complicity in the ICC Rome Statute
D.Parallels to Complicity in the Law of International Responsibility
III.Codification of Complicity in the Law of International Responsibility
A.Complicity's Big Bang (Ago)
B.Complicity's Revolution (Crawford)
C.Complicity's Restatement (Gaja)
4.The ILC Rules on Responsibility for Complicity
H.General Regime of Complicity (Articles 16 ARSIWA and 14 ARIO)
A.Preliminary Remarks
B.Constituent Elements
i.The Threshold of Complicity
ii.Knowledge of the Circumstances of the Internationally Wrongful Act
Contents note continued: iii.Complicity with a View to Facilitating the Commission of the Internationally Wrongful Act
iv.Opposability of the Obligation Breached
III.Aggravated Regime of Complicity (Articles 41(2) ARSIWA and 42(2) ARIO)
B.Constituent Elements of the Obligation of Non-assistance
i.The Existence of a Serious Breach of Peremptory Norm of International Law
ii.The Operation of the Obligation Not to Render Aid or Assistance
IV.Complicity of States in an Internationally Wrongful Act of the International Organisation (Article 58 ARIO)
V.Complicity and Other Forms of Shared or Ancillary Responsibility
A.Other Forms of Indirect Attribution of Responsibility
i.Direction and Control
ii.Coercion
iii.Circumvention of International Obligations
B.Joint and Several Responsibility
i.Separability of International Responsibility
ii.Wrongful Acts Committed by a Common Organ or Jointly Run Operations
Contents note continued: VI.Interim Conclusions
5.Establishing Responsibility for Complicity
II.Material Element
A.The Content of Complicity and its Link to the Principal Wrongful Act
i.Comments of States and International Organisations
ii.The Fattispecie of Complicity in Practice
a.Delivering Military Aid or Assistance to States and Non-State Actors
b.Delivering Aid or Assistance Pursuant to a Treaty or Export Licences
c.Authorising or Failing to Object to the Use of Territory
d.Financing and Granting Export Credit Guarantees
e.Providing Technical Assistance, Intelligence and Personnel
f.Delivering Aid or Assistance in the Context of Multinational Military Intervention
g.Extraditing Foreign Nationals
iii.Preliminary Conclusions
B.The Content of Complicity in Primary Norms
i.Arms Control Treaties Prohibiting Complicity
a.The Chemical Weapons Convention
Contents note continued: b.The Convention on the Prohibition of Anti-personnel Mines
c.The Convention on Cluster Munitions
ii.Rules Prohibiting Complicity in the Use of Force
a.Complicity in the Violations of Jus ad Bellum
1.Article 3(f) of the Declaration on Aggression
2.Article 2(5) UN Charter
3.Modern Regulation of Neutrality
4.Obligations of Due Diligence
5.Concluding Remarks
b.Complicity in the Violations of Jus in Bello
iii.Primary Rules Prohibiting Complicity in Human Rights Violations
C.Complicity and Due Diligence: Overlap or Parallel Functioning?
i.Knowledge-based Distinction
ii.Character and Control-based Distinction
iii.Implications for the Material Scope of Complicity
D.Concluding Remarks
III.Cognitive Element: Knowledge and/or Intention?
A.Knowledge: `Circumstances of the Internationally Wrongful Act'
B.Intention: `With the View to Facilitating the Commission of the Wrongful Act'
C.Normative Solution(s)
Contents note continued: IV.Opposability Element
A.Importing the Pacta Tertiis Rule: Is it Appropriate in the Law of International Responsibility?
B.Opposability Element: A Requiem of Responsibility for Complicity?
i.The Character of the Obligation Breached
ii.The Moment in Time for Assessing the Opposability Requirement
V.Interim Conclusions
6.Legal Consequences and Implementation of Responsibility for Complicity
II.Legal Consequences and Content of Responsibility for Complicity
A.Cessation (Articles 30(a) ARSIWA/ARIO)
B.Assurances and Guarantees of Non-repetition (Articles 30(b) ARSIWA/ARIO)
C.Reparation (Articles 31 ARSIWA/ARIO)
i.Causal Analysis
-Linking Injury to the Wrongful Conduct
a.The ILC's Approach to Causation in General
b.Applying Causal Tests to Complicity
c.Multiple Chains of Causation and Attenuation of Responsibility
ii.Forms of Reparation
a.Restitution (Articles 35 ARSIWA/ARIO)
Contents note continued: b.Compensation (Articles 36 ARSIWA/ARIO)
c.Satisfaction (Articles 37 ARSIWA/ARIO)
III.Implementation of Responsibility for Complicity
A.Invocation of Responsibility for Complicity
B.Countermeasures Against Complicit States or International Organisations
C.Responsibility for Complicity in Consent-based Dispute Settlement
7.Complicity as a Basis of Attribution of Conduct
II.Existing Grounds of Attribution of Conduct
III.Complicity Filling the Gaps in the Current Regime of Attribution
8.Conclusion
I.Complicity and its Limits in the Law of International Responsibility
II.A Revised Model of Complicity: From Concept to Function?.
9781782259404
Government liability (International law)
International criminal law.
Accomplices.
342.088 / LAN.C
