Shared Non-responsibility in International Law? Defences and the Responsibility of Co-perpetrators and Accessories in the Guiding Principles
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Authors
Publication Date
2020-11Journal Title
European Journal of International Law
ISSN
0938-5428
Publisher
Oxford University Press (OUP)
Volume
31
Issue
4
Pages
1263-1275
Type
Article
This Version
AM
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Paddeu, F. (2020). Shared Non-responsibility in International Law? Defences and the Responsibility of Co-perpetrators and Accessories in the Guiding Principles. European Journal of International Law, 31 (4), 1263-1275. https://doi.org/10.1093/ejil/chaa086
Abstract
<jats:title>Abstract</jats:title>
<jats:p>This comment assesses the approach to the reach of defences beyond the international legal person(s) who is (or are) the author(s) of the internationally wrongful act articulated in Guiding Principle 5 of the Guiding Principles on Shared Responsibility in International Law. It will focus on three main points: (1) whether the choice in respect of the reach of defences in Principle 5 is justifiable for the international legal order; (2) the reach of defences in cases of coercion, where the coerced party may benefit from a defence due to the coercion (in the form of a force majeure defence); and (3) the ‘blindspot’ in the Guiding Principles in relation to defences of accessories, in particular where the conditions for accessorial liability are defined broadly as in the case of Principle 6 on aid and assistance.</jats:p>
Identifiers
External DOI: https://doi.org/10.1093/ejil/chaa086
This record's URL: https://www.repository.cam.ac.uk/handle/1810/319263
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