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


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