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Complicity and its Limits in the Law of International Responsibility

Complicity and its Limits in the Law of International Responsibility

Complicity and its Limits in the Law of International Responsibility

Author: Vladyslav Lanovoy
Publisher: Hart Publishing
ISBN: 9781782259404

Published In: September 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509926770

List Price: HKD 1,300.00

HKD 1,261.00 Save HKD 39.00 (3%)

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Description
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This book examines the responsibility of States and international organizations for complicity (aid or assistance) in an internationally wrongful act.

Despite the recognition of responsibility for complicity as a rule of customary international law by the International Court of Justice, this book argues that the effectiveness and utility of this form of responsibility is fraught with systemic and operational limits. These limits include a lack of clarity in its constituent elements, its co-existence with primary rules prohibiting complicity and the obligations of due diligence, its implementation and the underlying causal tests, its uncertain relationship to other forms of shared and indirect responsibility, and its potential as a form of attribution of conduct.

This book submits that the content and elements of this form of responsibility need adjustments to respond more effectively to the phenomenon of complicity in international affairs.

1. Introduction

2. The Origins of Complicity in International Law

3. The Regimes of Complicity in International Law

4. The ILC Rules on Responsibility for Complicity

5. Establishing Responsibility for Complicity

6. Legal Consequences and Implementation of Responsibility for Complicity

7. Complicity as a Basis of Attribution of Conduct

8. Conclusion

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