Enforced disappearance: at the crossroads of state and individual criminal responsibility in international law

Diplôme Thèse Enforced disappearance: at the crossroads of state and individual criminal responsibility in international law eng 2015-09-15 author Giorgou Eirini 730087 director Gaeta Paola 664253 10.13097/archive-ouverte/unige:77589 urn:nbn:ch:unige-775892 D. 905 The practice of ‘making people disappear' constitutes a global phenomenon, a gross violation of human rights, and a serious international crime. Due to the fact that it can only be committed with the involvement of state officials, enforced disappearance can be classified as a ‘crime of state'. The thesis analyses the relevant international legal framework, and attempts to shed light on the relationship between the international responsibility of states and the international criminal responsibility of individuals for enforced disappearance, with an outlook to the broader category of ‘crimes of state'. The thesis examines this relationship at the level of primary norms, the subjective element, and attribution. In this context, the author argues in favour of the existence of a sui generis subjective element of state responsibility, and of the need for an ‘inversion of balance' between state and individual criminal responsibility for 'crimes of state', giving primacy to the former. Enforced disappearance State responsibility Individual criminal responsibility State crime Dewey 341 98 Département de droit international public et organisation internationale 5E false 7795698b-5ab3-4836-8f95-919ee900cc5d Thesis Restricted FINAL1.pdf 3118394 application/pdf 2b39db7ef6c4f366d0e2d9bbd75f4bf44751ff14785ecd6145193fcd9a664057 restrictedAccess Faculté de droit / Département de droit international public et organisation internationale

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Enforced disappearance: at the crossroads of state and individual criminal responsibility in international law				2015	1,389	46

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Giorgou, Eirini