INTERNATIONAL RESPONSIBILITY AND ITS CONTRIBUTION TO THE

DEVELOPMENT OF INTERNATIONAL CRIMINAL LAW

Introduction/Background

Currently, International responsibility is an umbrella term that covers state responsibility,

individual responsibility and the responsibility of international organizations in relation to
violations of international norms. It is an important and crucial component in International Law
which seeks to explain the intricate and oft-times complex relationships between subjects of
international law on the international plain as it relates to the observance or non-observance of
international laws imposed by international legal systems. It examines critically the notion of
liability under international law. Vilenas Vadapalas defines international responsibility as the
“discussion of issues such as the respect for international law by international actors and the need
for adequate mechanisms to settle disputes”. Today, issues such as terrorism, concealment of
weapons of mass destruction, crimes against humanity, piracy and other international crimes
raise responsibility internationally in relations to the entities which committed them.

In its early development, international responsibility applied to states which were at the time
regarded as the only subjects of international law. Eduardo Greppi, Associate Professor of
International Law at the University of Turin, Italy states that, “after the Second World War, a
movement started up within the international community which clearly began to shape a deeper
consciousness of the need to prosecute serious violations of the laws of war, with regard both to
the traditional responsibility of States and to the personal responsibility of individuals. The
horrible crimes committed by the Nazis and the Japanese led to a quick conclusion of agreements
among the Allied Powers and to the subsequent establishment of the Nuremberg and Tokyo
International Military Tribunals for the trial of war criminals whose offences have no particular
geographical location whether they be accused individually or in their capacity as members of
organizations or groups or in both capacities. Today we see that states are not the only entities of
international law being held accountable for their criminal acts but individuals as well as
international organizations. At all times criminal liability of an entity raises the issue of
responsibility .According to the Wikipedia encyclopedia International criminal law is a body of
international law designed to prohibit certain categories of conduct commonly viewed as serious
atrocities and to make perpetrators of such conduct criminally accountable for their perpetration.
Principally, it deals with genocide, war crimes, and crimes against humanity. Rebecca M.M
Wallace in her book International Law: A Student introduction, states that international crime
arises from a serious breach of international law of essential importance to the maintenance of
international peace and security. It could also be a serious breach of an international obligation of
essential for safeguarding the human being such as those prohibiting slavery, genocide, apartheid
and others, or a breach of an obligation essential for safeguarding and preserving the human
environment. A commission of an International Criminal Act raises the issue of responsibility.
The two work hand in hand. In contemporary times, the International Law Commission in 1949
attempted to produce a Convention regulating International Responsibility. This initial attempt
failed, in large part, due to non-resolution of the issue of responsibility for the treatment of
aliens. The Commission had a second bite at the cherry in 1969, and produced a number of Draft
Articles indicating when liability may be incurred by States while setting out the general
principles of responsibility. These Draft Articles were adopted by the International Law
Commission and is concerned mainly with the content, forms and degrees of International
Responsibility.

Over the years, issues of international responsibility in relation to criminal acts have created
several controversies. These controversies arise from many hindrances which would be studied
in this work. The existence of these conflict make it difficult for the desired results for which
the concept has been introduced to be achieved .Though it cannot be disputed the contributions
international responsibility has made to international criminal law, there is more that can be done
to make it work better.
ISSUES

• Whether there should be an exception to invoking other concepts of international law

when it comes to the issues of international responsibility.

• Whether the liability for criminal act(s) should be based strictly on fault or
blameworthiness.

• Whether the current forms of reparations should be reformed in order to deter and make
subjects of international law more accountable for their acts.

RESEARCH METHODOLGY
The research would basically rely on secondary data in the form of past project papers, books
,journals relevant to the study area, the internet, the library and other relevant sources that would
be beneficial to the work.

ORGANISATION OF WORK
The output of this research would be divided into three chapters. The first chapter would be a
general introduction of the topic under study, problem statement, objectives, hypothesis, scope,
methodology and organization of work. Chapter two will give a critical overview of the area
under study. It would involve the a study of the various stages of development of international
responsibility in relation to criminal acts and the improvement that could be made to make it
better .Recommendation and conclusion will be spelt out in chapter three to give an overview of
the work.

Objectives
This research paper seeks to examine how the concept of international responsibility evolved so
far, its contributions and weaknesses. Suggested solutions to these weaknesses would also be
considered in the work.
Significance of Study
The work is targeted at giving a better understanding of what international responsibility is and
its relationship with international criminal law. It meant to outline the important role of
international responsibility is playing in international law and improvements that can be made to
make it more efficient.

Hypothesis
A review of the various forms of liability under international responsibility, a non invocation of
certain concepts of international law like immunity when it comes to dealing with international
responsibility and putting in place a more stringent system of reparation would help to bring
efficiency
 Bibliographical List
1. Cassesse, Antonio, When May Senior State Officials Be Tried for International Crimes?
Some Comments on the Congo v. Belgium Case, 2002, Vol. 13 No. 4, EJIL, pp. 853-875
2. Edoardo Greppi, The Evolution of Individual Criminal Responsibility under International
Law, Article No. 835, International Review of the Red Cross, 30-09-199.
3. James Crawford, The Law of International Responsibility,
4. María Fernanda Pérez Solla, The Notion of International Responsibility: A ‘Classic’ in
Times of Change?
5. Shaw, Malcom N. International Law, 4th Ed. (Cambridge, Cambridge University Press,
1997)
6. Spinedi Marina, State Responsibility v. Individual Responsibility for International
Crimes: Tertium Non Datur? 2002, Vol. 13 uNo. 4, EJIL pp.895 – 899
7. Shelton, Dinah, Righting Wrongs: Reparations in the Articles on State Responsibility,
The American Journal of International Law, Vol. 96, p 833
 INTERNATIONAL RESPONSIBILITY AND ITS
CONTRIBUTION TO THE DEVELOPMENT OF
INTERNATIONAL LAW.

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Leonora Ohene – obeng 10170202

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