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Shared Non-responsibility in International Law? Defences and the Responsibility of Co-perpetrators and Accessories in the Guiding Principles

Accepted version
Peer-reviewed

Type

Article

Change log

Authors

Paddeu, FI 

Abstract

jats:titleAbstract</jats:title> jats:pThis 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>

Description

Keywords

4803 International and Comparative Law, 48 Law and Legal Studies, 16 Peace, Justice and Strong Institutions

Journal Title

European Journal of International Law

Conference Name

Journal ISSN

0938-5428
1464-3596

Volume Title

31

Publisher

Oxford University Press (OUP)

Rights

All rights reserved