TERRORISM-RELATIONSHIP BETWEEN INDIVIDUAL CRIMINAL AND INTERNATIONAL STATE RESPONSIBILITY Cover Image

TERORIZAM-VEZA IZMEĐU INDIVIDUALNE KRIVIČNE ODGOVORNOSTI I MEĐUNARODNE ODGOVORNOSTI DRŽAVE
TERRORISM-RELATIONSHIP BETWEEN INDIVIDUAL CRIMINAL AND INTERNATIONAL STATE RESPONSIBILITY

Author(s): Andrijana Mišović
Subject(s): Criminal Law, Civil Law, International Law, Security and defense, Administrative Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: individual criminal responsibility; international state responsibility; terrorism; types of extended criminal responsibility; command responsibility; joint criminal enterprise;

Summary/Abstract: Although international state responsibility and individual criminal responsibility are two separate types of responsibility, there is a strong connection between these two types of responsibility both historically and in practice. This is particularly obvious in the case of terrorism, which is often connected to state. This connection became even more visible after the International Court of Justice (ICJ) rendered its judgment on preliminary objections in case Ukraine v Russia, dealing with application of the Convention for the Suppression of the Financing of Terrorism. In this case, Russia took the position that ICJ cannot establish jurisdiction for determining state responsibility on the basis of a convention dealing with individual criminal responsibility. The Court, however, did not accept this position and by doing so it reopened a question of relationship between the two types of responsibility. Types of extended individual criminal responsibility which are analysed in this paper represent crucial points of contact between individual criminal and state responsibility

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