Alessandro Bufalini

The Legal Regime of State Responsibility for Genocide and Its Quest for Autonomy

  • Abstract

Informations and abstract

Keywords: State Responsibility; Individual Criminal Responsibility; Complicity in Genocide; Evidence of Dolus Specialis; Standard of Proof; Autonomus Legal Regimes

The definition of genocide set forth in the UN Convention on Genocide of 1948 is deemed appli- cable to States as well as individuals. This assumption brings up thorny issues related to the im- portance and the need to maintain a distinction between two different legal regimes: the international responsibility of States and the criminal responsibility of individuals. In particular, a number of legal problems arise, including the definition of complicity in genocide, the evidence required to support the existence of the "dolus specialis" and the standard of proof for ascertaining State responsibility. The analysis of the case law of the International Court of Justice sheds lights on the critical quest for autonomy of the law of State responsibility in respect to the relevant international criminal rules.

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