Nollkaemper: State Responsibility for International Crimes: A Review of Principles of Reparation

André Nollkaemper (Univ. of Amsterdam - Amsterdam Center for International Law) has posted State Responsibility for International Crimes: A Review of Principles of Reparation (in Essays in Honour of Professor Kalliopi Koufa, forthcoming). Here's the abstract:

Most international crimes are committed with the support or under the control of collective entities, notably states. Yet, international law tends to hold only individuals, rather than states responsible for such crimes. This is well illustrated in the case of Darfur. The prosecutor of the ICC stated that 'The information gathered points to an ongoing pattern of crimes committed with the mobilization of the whole state apparatus'. Yet, in this case legal responsibility was 'only' channeled towards the president of Sudan, somehow presuming that his arrest would remove the involvement of the state apparatus. This paper reviews the various principles of reparation that allow international law to address the state for its involvement in international crimes, rather than only individuals. It also examines the role of the Security Council in this respect.