Complicity and its Limits in the Law of International Responsibility (Studies in International Law)

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. Awarded The Paul Guggenheim Prize in International Law 2017! Foreword Acknowledgements Contents List of Abbreviations Table of Treaties Table of Cases Table of Other Authorities 1. Introduction I. Research Question II. The Definition of Complicity in International Law III. Responsibility for Complicity in an Internationally Wrongful Act IV. The Treatment of Responsibility for Complicity in Doctrine V. The Model(s) of Responsibility for Complicity VI. Methodology VII. The Role of Responsibility for Complicity in the International Legal Order VIII. Structure 2. The Origins of Complicity in International Law I. Introduction II. The Antecedents of Complicity in the Operation of Neutrality III. Complicity in the Writings of Founding Fathers of International Law IV. Interim Conclusions 3. The Regimes of Complicity in International Law I. Introduction II. Complicity in International Criminal Law III. Codification of Complicity in the Law of International Responsibility IV. Interim Conclusions 4. The ILC Rules on Responsibility for Complicity I. Introduction II. General Regime of Complicity (Articles 16 ARSIWA and 14 ARIO) III. Aggravated Regime of Complicity (Articles 41(2) ARSIWA and 42(2) ARIO) IV. Complicity of States in an Internationally Wrongful Act of the International Organisation (Article 58 ARIO) V. Complicity and Other Forms of Shared or Ancillary Responsibility VI. Interim Conclusions 5. Establishing Responsibility for Complicity I. Introduction II. Material Element III. Cognitive Element: Knowledge and/or Intention? IV. Opposability Element V. Interim Conclusions 6. Legal Consequences and Implementation of Responsibility for Complicity I. Introduction II. Legal Consequences and Content of Responsibility for Complicity III. Implementation of Responsibility for Complicity IV. Interim Conclusions 7. Complicity as a Basis of Attribution of Conduct I. Introduction II. Existing Grounds of Attribution of Conduct III. Complicity Filling the Gaps in the Current Regime of Attribution IV. Interim Conclusions 8. Conclusion I. Complicity and its Limits in the Law of International Responsibility II. A Revised Model of Complicity: From Concept to Function? Bibliography Index This book examines the responsibility of States and international organisations 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. Volume 59 in the series Studies in International Law Présentation de l'éditeur : "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." 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.--Book jacket