NCJ Number
164880
Journal
International Review of Penal Law Volume: 67 Dated: (1996) Pages: 341-364
Date Published
1996
Length
24 pages
Annotation
Crimes committed by governments and the prosecution of these crimes are examined, with emphasis on international law and jurisdiction regarding prosecution for crimes against the peace, war crimes, and human rights violations.
Abstract
The country's responsibility may result from four forms of involvement: a decision by the head or the government, a policy of gaining military advantage by violating laws and customs of war, a situation in which subordinates or a power group act in the interest of a government, and the commission of crimes during government activities without its knowledge. The concept of individual international criminal responsibility has been unable to prevent such crimes adequately. The establishment of state responsibility and the creation of a jurisdictional authority over countries for crimes of state is regarded by some as having the potential for an additional preventive effect. Most authors regard criminal jurisdiction over non-natural persons, especially states, to be within the discipline of public international law. However, the scientific discussion on the scope and limitations of jurisdiction over states for crimes of state continues. Crucial issues are the principle of sovereignty, the conventional concept of criminal responsibility, penal sanctions, and the international institutional framework. However, only international institutions or organizations such as the International Court of Justice and the United Nations can have jurisdiction over countries. Political decisions such as resolutions of the General Assembly can be efficient, but procedural safeguards are essential. Criminal and quasi-criminal sanctions should be applied only if all other methods fail. Footnotes