Remarks on Deficient Drafting of Article 19

Kapitel in diesem Buch

1. I-IV I
2. Preface V
3. Table of Contents VII
4. List of Contributors XI
5. Introduction 1
6. Part I. Crimes of State: The Legislative History
7. International Crimes of State. The Legislative History 7
8. Part II. Crimes of State: The Problems Revisited
9. The Concept of "International Crimes" and its Place in Contemporary International Law 141
10. Obligations Erga Omnes, International Crimes and Jus Cogens: A Tentative Analysis of Three Related Concepts 151
11. International Crimes – A Specific Regime of International Responsibility of States and its Legal Consequences 161
12. Implications of the Institutionalization of International Crimes of States 170
13. Part III. Crimes of State: A General Discussion
14. Introduction to the Debate 189
15. General Discussion
16. Observations on "Crimes of States" 194
17. Remarks on the Present Legal Regulation of Crimes of States 200
18. Some Comments on State Crimes and Lex Lata 213
19. Remarks on Some Classes of Crimes by States 215
20. State Crimes and Lex Lata 216
21. On Defining the Concept 217
22. Responsibility and State Crimes 219
23. The Concept of Crimes of States: Evolution, Operation and Codification 220
24. Remarks on Deficient Drafting of Article 19 222
25. State Responsibility and the Concept of Crimes of States 223
26. Lex Lata: Is there already a Differentiated Regime of State Responsibility in the Geneva Conventions? 225
27. Critical Remarks on the Applicability of the Concept of Crimes of States to Humanitarian Law 232
28. The Continuity between certain Principles of Humanitarian Law and the Concept of Crimes of States 233
29. Obligations Erga Omnes and the International Community 237
30. Short Comments on the Concept of Crimes of States and Some Related Notions 239
31. Jus Cogens and Crimes of State 240
32. State Responsibility: Lex Ferenda and Crimes of State 240
33. Lex Lata or the Continuum of State Responsibility 242
34. Convergences and Divergencies on the Legal Consequences of International Crimes of States: With Whom Should Lie the Right of Response? 244
35. The Objectives of a New Regime and the Means for Accomplishment 249
36. Critical Observations on Crimes of State and the Notion of "International Community as a Whole" 251
37. The Concept of "International Community as a Whole": A Guarantee to the Notion of State Crimes 252
38. On the Reaction of the "International Community as a Whole": A Perspective of Survival 253
39. Crimes of State, Ius Standi, and Third States 255
40. State Crimes Implementation Problems: Who Reacts? 256
41. The Need to Abolish the Concept of Punishment 257
42. Crimes of State: The Concept and Response 258
43. Legal Questions Relating to the Consequences of International Crimes 260
44. Some Short Remarks: Consequences and Terminology 263
45. Measures Available to Third States Reacting to Crimes of State 264
46. The Institutional Framework 266
47. Part IV. Crimes of State: General Overviews of the Debate
48. Problems and Issues Raised by Crimes of States: An Overview 271
49. The Need to Better Clarify the Concept of Crimes of States 279
50. Part V. Crimes of State: Part Two of the ILC Work on State Responsibility
51. International Crimes: Injury and Countermeasures. Comments on Part 2 of the ILC Work on State Responsibility 283
52. Part VI. Crimes of State: Conclusions
53. On Prophets and Judges. Some Personal Reflections on State Responsibility and Crimes of State. Concluding Remarks to the Florence Conference on State Responsibility 319
54. Part VII. Crimes of State: Bibliography
55. International Crimes of State. Bibliography 1946-1984 339
56. Part VIII. Crimes of State: Annexes
57. I. Draft Articles on State Responsibility Adopted So Far by the International Law Commission 357
58. II. Draft Articles on State Responsibility Submitted by Special Rapporteur Riphagen 365