INTERNATIONAL LEGAL RESPONSIBILITY OF STATES FOR THE COMMITMENT OF INTERNATIONAL CRIMES

The author in this article examines one of the most current issues in international law - the problem of state responsibility arising from the commission of internationally wrongful acts and the various concepts existing in the international legal doctrine regarding this issue. Particular importance is given to the study of the problem of internationally wrongful acts, called international crimes, as the basis for the emergence of international legal responsibility of states. In the article, the author considers international crimes as an exclusively internationally wrongful use of force, which mean serious violations of international law and encroach on the entire system of international peace and security. The author shows that although the category of "international crimes" is firmly established in the doctrine of international law, this cannot be said about the category of "international crimes of states" and, accordingly, the concept of "criminal responsibility of states" arising from it. The author examines the various opinions of representatives of various scientific schools regarding this concept existing in the doctrine of international law. The article also analyzes a number of key provisions of the draft articles of the UN International Law Commission on "Responsibility of States for Internationally Wrongful Acts" from 2001. Along with this, the author also examines the category of "serious breaches of an obligation arising from a peremptory norm of general international law." In conclusion, the author assesses the possibility of applying the concept of "international crimes of states" to existing international legal realities.

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Publication Details

Journal
Polis Akademiyasının elmi xəbərləri.
Published
2024-12-01
DOI
https://doi.org/10.62130/yknv2165
Primary Topic
International Law and Human Rights
Type
article
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article

INTERNATIONAL LEGAL RESPONSIBILITY OF STATES FOR THE COMMITMENT OF INTERNATIONAL CRIMES

Hikmat Zeynal Naghdaliyev
Polis Akademiyasının elmi xəbərləri.
International Law and Human Rights
article

INTERNATIONAL LEGAL RESPONSIBILITY OF STATES FOR THE COMMITMENT OF INTERNATIONAL CRIMES

Hikmat Zeynal Naghdaliyev
article en

Abstract

The author in this article examines one of the most current issues in international law - the problem of state responsibility arising from the commission of internationally wrongful acts and the various concepts existing in the international legal doctrine regarding this issue. Particular importance is given to the study of the problem of internationally wrongful acts, called international crimes, as the basis for the emergence of international legal responsibility of states. In the article, the author considers international crimes as an exclusively internationally wrongful use of force, which mean serious violations of international law and encroach on the entire system of international peace and security. The author shows that although the category of "international crimes" is firmly established in the doctrine of international law, this cannot be said about the category of "international crimes of states" and, accordingly, the concept of "criminal responsibility of states" arising from it. The author examines the various opinions of representatives of various scientific schools regarding this concept existing in the doctrine of international law. The article also analyzes a number of key provisions of the draft articles of the UN International Law Commission on "Responsibility of States for Internationally Wrongful Acts" from 2001. Along with this, the author also examines the category of "serious breaches of an obligation arising from a peremptory norm of general international law." In conclusion, the author assesses the possibility of applying the concept of "international crimes of states" to existing international legal realities.

Polis Akademiyasının elmi xəbərləri.Vol. 13(2)
Peace, Justice and strong institutions
Openalex Percentile: Top 58%
International Law and Human Rights
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