the opening ceremony was attended by h.e. sheikh hamad bin jassem bin jabor al thani, the prime minister and foreign minister. the function was also attended by a number of their excellencies sheikhs , the ministers, the advisory council speaker , the forum high profile dignitaries and their excellencies the heads of the diplomatic missions accredited to qatar. In a welcoming address at the forum, hh the emir welcomed the participants attending the doha 9th forum affirming that the meeting gains a new dimension adding an extraordinary significance to it. ''''we have been looking forward , via the past session of this forum , to have new additions in the fields of development, democracy and free trade , a complete and integrated mechanism for development is the avenue to abundance, and abundance in itself does not lead to justice except when it is accompanied by yearning to justice in general and social justice in particular, and free trade is the avenue to production and integration to what is called the one global village. If it is liberated from relations of inequality, exploitation and involving political hegemony in economy

During the two-day event participants held frank and transparent discussions and exchanged views on a host of political and economic issues with over 600 personalities including former presidents, prime ministers, thinkers, academicians, economists and media men from different continents taking part. H.E. the Assistant Foreign Minister for Follow-up Affairs Mohamed bin Abdullah Al-Rumeihi who is also chairman of the conference's permanent committee said the conference has achieved remarkable success given its distinguished organization and the level of events the world is passing through. In remarks at the closing session Al-Rumeihi praised H.H. the Emir Sheikh Hamad bin Khalifa Al-Thani's inauguration of the forum and the presence of H.H. Sheikha Mozah bint Nasser Al-Misnad and H.E. the Prime Minister and Foreign Minister Sheikh Hamad bin Jassem bin Jabor Al-Thani.

The forum is convened this year at a time international relations are passing through a new stage full of a lot of human life basic needs requiring challenges necessitating collective deep thinking of global solutions possible, said h.e. the prime minister. ''''''Despite we are living through the era of globalization, yet it is clearcut that world is proceeding towards multiplicity of real centres of power recalling the multiplicity of power attraction centres at the global level'', said h.e. the prime minister. Elaborating H.E. The Prime Minister And Foreign Minister further said,'''' amid such circumstances,needs appears for choice between the power imposition policy and the the policy of need and convincing of what is substantial to achieve the required democracy. H.E. Sheikh Hamad Bin Jassem Bin Jabor Al Thani confirmed that connection between the human security issues and interrelation between economy , security and politics could not be ignored when defining courses of the international relations and their options in the present and future stage in the near future. In this context, emerges the role of media and effectiveness of international cooperation in face of the economic, financial and trading difficulties we all encounter owing to the global financial crisis and the overall development visions based on serious projects ensuring the political, economic and social human rights, h.e. the prime minister told the doha forum participants .

Speaking to Gulf Times at the Museum of Islamic Arts, President Chirac said: "We (the world) have to fix the problems and issues through discussions and negotiations. And not wars!" Shortly after leaving office, president Chirac also founded the Jacques Chirac Foundation for Sustainable Development and Cultural Dialogue that hopes to ensure people's access to drinking water, medical care, fight against deforestation and desertification, and preserve endangered languages and cultures. "I came here because we have the same goals as Sheikha Mozah and they correspond with the same objective," president Chirac noted when asked about his Foundation. "I want to express my gratitude for the warm welcome I received here," he added.

and adequate circumstances to convene a summit in Tripoli, Libya between the heads of state of the two countries. The two parties confirmed their determination not to interfere in the internal affairs of the other party and to act for the full implementation of the agreements struck between the two parties , with each party pledging to refrain from the use of force or threating of it against the other party.

 

A press release was issued on the occasion stating that,''''Within the framework of the good offices of His Highness Sheikh Hamad bin Khalifa Al-Thani, Emir of the State of Qatar and his brother leader Muamer Al-Gadhafi, leader of the revolution in the Great Socialist People''s Libyan Arab Jamahiriya, Chairman of the African Union, concerning the normalization of relations between the Republic of Chad and Republic of Sudan, the consolidation of the relations between them; In pursuant to what has been agreed upon between the two countries in the previous agreements, concluded between them, And in order to create an atmosphere of confidence and appropriate conditions to the convening of the Tripoli Summit in Libya between the Presidents of the two countries, With the participation of H.E. Sheikh Hamad bin Jassim bin Jabor Al-Thani, Prime Minister and Minister of Foreign Affairs of the State of Qatar, and in the presence of H.E. Mr. Mousa Mohamed Kousa, the Secretary General of the People''s General Committee for Foreign Communication and International Cooperation in the Great Socialist People''s Libyan Arab Jamahiriya and H.E. Mr. Ahmed bin Abdulla Al-Mahmoud, Minister of State for Foreign Affairs and Member of the Cabinet of the State of Qatar, Met in Doha, in the period 29 April - 3rd May 2009, a delegation from the Republic of Chad, led by H.E. Mr. Mousa Faki Mohamed, Minister of Foreign Relations with a delegation from the Republic of Sudan, led by H.E. Mr. Al- Jijani Saleh Fidail, Minister of International Cooperation. During the meeting, a spirit of confidence and reconciliation prevailed. The two sides discussed the items on the Agenda in a constructive manner, which was conducive to reaching an agreement that is likely to place the relations between the two countries on its proper track. The two parties pledged to expedite implementing them with a view to restoring the climate of confidence and good-neighborliness.

 

PRESS RELEASE Within the framework of the good offices of His Highness Sheikh Hamad bin Khalifa AI-Thani, Emir of the State of Qatar and his brother leader Muamer AI- Gadhafi, leader of the revolution in the his brother leader Muamer Al-Gadhafi, leader of the revolution in the Great Socialist People's Libyan Arab Jamahiriya, Chairman of the African Union, concerning the normalization of relations between the Republic of Chad and Republic of Sudan, and the consolidation of the relations between them, Pursuant to what has been agreed upon between the two countries in the previous agreements, concluded between them, And in order to create an atmosphere of confidence and appropriate conditions to the convening of the Tripoli Summit in Libya between the Presidents of the two countries, With the participation of H.E. Sheikh Hamad bin Jassim bin Jabr AI- Thani, Prime Minister and Minister of Foreign Affairs of the State of Qatar, and in the presence of H.E. Mr. Mousa Mohamed Kousa, the Secretary General 0£ the People's General Committee for Foreign Communication and International Cooperation in the Great Socialist People's Libyan Arab Jamahiriya and H.E. Mr. Ahmed bin Abdulla AI-Mahmoud, Minister of State for Foreign Affairs and Member 0£ the Cabinet of the State of Qatar, Met in Doha, in the period 29th April – 3rd May 2009, a delegation from the Republic of Chad, led by H.E. Mr. Moussa Faki Mohamed, Minister of Foreign Relations with a delegation from the Republic of Sudan, led by H.E. Mr. AI-Tijani Saleh Fidail, Minister of International Cooperation. During the meeting, a spirit 0£ confidence and reconciliation prevailed. The two sides discussed the items on the Agenda in a constructive manner, which was conducive to reaching an agreement that is likely to place the relations between the two countries on its proper track. The two parties pledged to expedite implementing what they had agreed on in the past agreements concluded between them with a view to restoring the climate of confidence and goodneighborliness. The two parties affirmed their determination to abstain from interfering in the internal affairs of each other and from the use or threatening of the use of force in their mutual relations. Seeing that the absence of effective enforcement mechanisms has precluded the implementation of what was agreed upon in the past, the two parties agreed to reactivate the mechanism provided for. In Dakar Accord of 2008, by requesting the Contact Group, emanating from the foregoing Accord to meet in an emergency manner to adopt and execute a plan of action on the completion of immediate deployment of monitors and joint protection forces. The two parties recommend that the State of Qatar be added to the Contact Group due to its effective efforts aimed at the realization of peace in the region. They also advise the States sponsoring the present Agreement to exert their efforts for the prompt securing of financial and logistic support in order to facilitate the implementation of monitors' and protection forces' mission. The two parties also affirmed their commitment to halt the hostile media campaigns and to encourage positive media discourse conducive to reinforcing bonds 0£ fraternity and reconciliation. The two parties agreed to hold a summit between the Presidents of the two countries in Tripoli the date of which is to be agreed upon by the parties and the mediation. . The two parties have expressed their appreciation of the efforts made by His Highness Sheikh Hamad bin Khalifa Al-Thani and brother leader Muamer AI-Gadhafi and their role in the efforts aimed at the normalization of relations between the two sisterly countries. The Two parties have also expressed their appreciation of the efforts exerted by the State of Qatar in hosting this meeting, which resulted in the issuance of this Agreement. The ceremony of signature of the Agreement between the two countries has been attended by their excellen,ies members of the committee which has been set up by the African Lnion – known as the Committee of the Wise Men of Africa – in order to follow-up the question of Darfur region in Sudan.

Speaking at a session tilled ( Towards a balanced economy in light of the global meltdown) held today as part of the Doha Forum, currently in session here, H.E. Yousuf Hussein Kamal added that if the GCC states use their oil and gas revenues for boosting investments and diversifying their economies they will possibly become the fifth economic power in world, between 2018 and 2020, saying that this might lead a single currency, and thus there would be no need for pegging with other currencies. H.E. the Minister Yousuf Hussein Kamal denied that the GCC states had decided to delay a date of launching the GCC single currency, but noted that in light of the current circumstances the GCC states might not agree on the measures that should be implemented in order to apply the single currency, "I mean, I am speaking about budgets deficits and inflation and so on, he said. On the role of the state in organizing the national economy in light of the global financial ciris, H.E. the Minister of Economy and Finance reviewed the steps taken by the state of Qatar to face the global financial crisis and protection of the banking sector from the repercussions of this crisis , pointing out that the Qatari economy is a government directed and large part of it coming from oil and gas and investments in this sector rather than being left to free market. The Qatari government has drawn up a specific plan to face the global financial crisis including studying the situations of of the banks operating in Qatar in order to know their efficiency in facing the crisis as well as their relations with foreign banks and their investments out side Qatar, H.E. the Minister Yousuf Hussein Kamal added.

development and free trade under the remarkable progress and development qatar has been witnessing in all aspects of life and lauded as well the indepth of the qatari -french relations and multi-faceted cooperation. the honouring of al rumaihi is a great chance for the appreciation and an expression of cooperation existing between the republif of france and the state of qatar , the former french president said and noted that al-rumaihi was one of the brilliant and outstanding qatari students studying in france. the french president chirac has said that the french medal of merit was bestowed upon the qatari assistant foreign minister for his professional and humanitarian characters and lauded meantime his efforts within the framework of the french-qatari joint committee and referred in this respect to the signing of the joint defence agreement between the two counttries. chirac also paid tribute to h.e. al-rumaihi who had been qatar''s ambassador in paris between 2002-2003 and has played a major role for achieving the international agreements which have raised qatar''s title so high. the former french leader expressed thanks and appreciation for the support qatar extrends to the french republic and the diplomatic missions in particular for facilitating their tasks.

 

in return , h.e. al-rumaihi voiced deep appreciation and gratitude for being accorded the french national merit medal and expressed his gratitude as well to the state of qatar and hh the emir sheikh hamad bin khalifa al thani and to france in which he received his university education. al rumaihi was approved as qatar''s ambassador to france in 2000 and assumed post of coordinator of the qatari-french joint higher military committee activities . he was appointed as ambassador at the foreign ministry in september 2001 and as qatar''s ambassador to france in 2002 and a decision was issued for appointing him as assistant foreign minister for the follow up affairs in 2003. (qna) MD

Sir Jeremy Greenstock who was UK's ambassador to the UN and currently is the director of Ditchley Foundation, a non- governmental Organisation, was speaking at a session on democracy "Enhancing Global Momentum" at the Doha Forum yesterday. "The governments (in the Middle East) can no longer control information people will take charge in this interconnected world," said the piquant speaker. According to him, democracy is the balance between the strong and the numerous and has to come through struggle. "We can't expect the new states emerging in the world to achieve democracy overnight. It takes time," Sir Jeremy added. "In the evolution of democracy they must be given the chance. That struggle has to be allowed to come out. Don't push them. Above all the strong need to listen to who are not that strong and then maybe we will make some progress," he said. To build on the premise, the Paris-based Institute for International and Strategic Relations (IRIS) director Pascal Boniface agreed saying that to think that democracy is a result of election would be an "error and lead to an impasse". "There is not one external model of democracy that can fit locally and can be followed as such. It has to be an internal process and should not be imported and mustn't be imposed," Boniface said. Boniface, however, pointed out that regardless of how good a democratic model one has, it doesn't necessarily ensure peace.

 

"Nevertheless, the virus of democracy is there," he said while giving historical evidence. The American model of democracy was explained by the World Jewish Council president Jack Rosen who maintained that the founding fathers (of the USA) made checks and balances. "It took 160 years in the US before senators were elected through popular vote; even today, we don't vote directly for the president. It took a long time for blacks and women to have voting rights," Rosen began. "However, its things like the constitutional protection for the NGOs, the freedom of speech and religious thoughts, is what makes American democracy work to an extent. We have a president with a middle name Hussein," Rosen added. According to him, the American democracy also allows people to develop a "habit of mind" to question freely the governments, something which the Middle East lacks. To a question on why Israel does not recognise Palestinian democracy (reference to Hamas' election win) Rosen replied: "In international relations there things are beyond democracy. France and Germany may disagree on economic issues. The whole world disagrees on the actions of Nazi Germany. Similarly, Israel disagrees with the government (Hamas) that openly and publicly calls for its destruction."

George H Matolcsy, former Economy Minister of Hungary, and the current director of the Hungarian Economic Development Institute, said Qatar had a vision for the future; the business sector is supported by government developmental projects; has a good economic strategy; and has a strong government, which are, he said, ôsuccessful means to weather the crisis. This is why Qatar is doing better than other countries amid this global financial crisis.╜

 

ôOf course, in some areas, Qatar has been affected, it is unavoidable, but the state is in a smart place. Qatar and the entire region feel the effect of the global crisis, you cannot hide from this because it is a global crisis. But in some countries, and in some places where the government has a vision for the future, where it has good economic strategies for the future, where it has a strong government in place, when it has all these three elements on the table, you will be in a better position. And Qatar seems to be in the right track of surviving this economic downturn à It has invested a lot on technology, education, tourism, energy, among other projects,╜ said Matolcsy.

 

Matolcsy yesterday discussed, along with other speakers, ôThe State╝s role in the organisation of the national economy in light of the financial market crisis,╜ ôCan the Arab revenue-oriented economy be turned into a global economy?,╜ ôThe role of the national economy and the private sector in the global financial crisis,╜ and ôThe reorganisation of financing and government laws.╜

 

According to Matolcsy, a new kind of politics might emerge from the crisis experienced by nations worldwide, but, he said, every nation should ask first, ôHow can we balance the economy?╜

 

ôThere are successful economic models we can follow, some regional solutions. In the EU economies, there is a strong stabiliser and that╝s the state budget. This is the role of the state budget in the EU à they have state finances, pension system, health care system, state finances through the budget, education à In the European Union, the state finances play an important role than in the Anglo-Saxon economies. The EU countries rely on their state budgets and it might help these days à Qatar is using another economic model à Like I said, there are regional solutions to these problems that may work for some countries,╜ said Matolcsy.

 

The Doha Forum, with more than 600 experts and dignitaries, will see discussion on international governance, the role of governments in the enhancement of national economies in light of the global economic crisis and a host of other topics of human interest.

 

THE PENINSULA

Speaking at a reception at the French ambassador's residence, he pointed out that the French government is taking the right steps to counter the negative effects and help in securing the economy.
"It is going to be a tough year despite all the actions being taken," he added. Juppé urged the French community in Qatar not to be worried and to keep spending their money. He explained that a big part of the crisis getting worse was due to psychological reasons.
"Most people have stopped spending and embarked on a saving mode and this is only going to worsen the economic situation," he added. Juppe was in Qatar to attend the Doha Forum that concluded on Tuesday 5-5-2009.

The meeting was addressed by ADF Secretary- General Mohesen Marzouq, former Peruvian president Alejandro Toledo, former Moroccan minister of human rights Mohamed Ojar and Lebanese law professor Hoda Chalak. Welcoming the guests, Mohesen Marzouq said, "We can really benefit from the Latin American experience, where people had fought for a long time to earn their democratic rights." He said that leaders of Latin America have always supported Arabs in their need of hour. "They have taken firm positions in support of Arab causes, including the Israeli- Palestinian conflict," he added. Marzouq said that the current democratic concepts in the Arab region must be reviewed. "Democracy is not just getting a right to vote freely in elections. It entails ensuring basic rights to each citizen and free them of humiliation, fear and exile," he added. Former Peru president Alejandro Toledo shared the opinion of Mohsen Marzouq. He said that democracy that does not get people rid of poverty and inequality is not a complete democracy. "If we cannot provide clean water, decent education and medical aid to people, we are missing our goals. Political democracy must be associated with social and economic democracy," he added. He said that freedom of press, respect of human rights, rule of law, and accountability of governments towards their people are the main components of democracy. Toledo said that an annual Arab-Latin American meeting for civil societies must be held for exchanging opinions and experience. Former Moroccan minister Mohamed Orja said that Arabs and Latin Americans share a long history. "Morocco has the largest number of Spanish speaking people outside Latin America, estimated at 10 million. Both societies have suffered from colonialism and had to struggle hard to gain freedom," Orja added. He said that Moroccans have benefited a lot from the Latin American models of democracy. Hoda Chalak urged Arabs to pay more attention to the brain drain taking place in the region. She also pointed out to the increase of ignorance and violence among Arab societies.

As an integral part of a community governed by the rule of law, international responsibility inheres in a regime of rights and duties in which the breach of obligation gives rise to entitlement to redress. By its nature, therefore, a law-governed community rests on the fundamental premise that its members are liable for acts which the community recognizes as a wrongdoing. 2. Hence, in every legal system or legal culture, the concept of responsibility is an essential core of its reason for being. In dealing with the consequence of a wrongful act, this premise is articulated by the Permanent Court of International Justice in the Chorzaw Factory Case when it affirms that it is not only a principle of international law but "even a general conception of law" that "any breach of an engagement involves an obligation to make reparation", which is an essential element of responsibility of States.

 

II. The Current State of the Law on International Responsibility

 

3. In international law, responsibility pertains to a State which commits an internationally wrongful act against another, giving rise to the duty to give reparation.

 

The wrongful act that is attributable to a State, committed by its agencies or officials or in the exercise of its authority, constitutes a breach of international obligation that is binding at the time the act is committed.

 

4. Such a classic formulation of international responsibility is premised on inter se relations of States; an act or omission of one State in breach of an obligation defined by international custom or convention, which it owes to another State.

 

However, progress in the theory and practice of international responsibility has gone beyond the scope of bilateral relations. The developments towards the consolidation of the institutions making up the International Community of States as a whole have broadened in significant scale.

 

III. International Community of States as a Whole: Norms of Erga Omnes Character

 

5. The conduct of a State may be in contravention of its duty to another State such as one created by a bilateral treaty. But over and above that relations strictly between them, an international obligation may involve vital interests by which the collective way of life of the great number of States is sustained. Then the relation of responsibility is not any longer to be contained by bilateralism; it defines an expanded scope of responsibility that pertains more meaningfully to the relation between the State in wrongful act and the International Community of States as a whole.

 

6. The judgment of the 1970 Barcelona Traction Case generates conditions for progressive development along this trend when it makes as a focal point the distinction between two categories of international obligations: In particular, an essential distinction should be drawn between the obligations of a State towards the international community as a whole, and those arising vis-a-vis another state in the field of diplomatic protection. By their very nature the former are the concern of all states. In view of the importance of the rights involved, all states can be held to have a legal interest in their protection; they are obligations erga omnes.

 

Erga omnes obligations have supplied the concept of community interests as the basis of responsibility. While the precise requirements for the enforcement of claims on that basis have not been clarified in Barcelona Traction, the interpretation by the International Law Commission of this dictum sets out a clear statement of principle that may influence future developments:

 

The responsibility engaged by the breach of these obligations is engaged not only in regard to the state which was the direct victim of the breach: it is also engaged in regard to all the other members of the international community, so that, in the event of a breach of these obligations every state must be considered justified in invoking ... the responsibility of the state committing the internationally wrongful act.

 

7. The concept of erga omnes obligation holds the prospect of a watershed in international responsibility, opening a new perspective in the development of international law through the decisions of the International Court of Justice (ICJ). It calls to mind that, if at all this is intended as a deliberate creative process by the Court, it came to express itself later in the boldness by which the International Community of States has called upon the ICJ in Resolution 3232 (XXIX) of the UN General Assembly consciously to develop international law by means of judicial decisions.

 

8. It is instructive that the ICJ not only defines the category of erga omnes obligations but points out as well more specific norms of this character, as follows:

 

Such obligations derived, for example, in contemporary international law, from the outlawing of acts of aggression, and of genocide as also from the principles and rules concerning the basic rights of the human person, including protection from slavery and racial discrimination.

 

9. Since the internationally wrongful conduct in breach of erga omnes obligation pertains to the International Community of States as a whole, there appears to be great relevance in the synthesis of the ICJ that "some of the contemporary rights of protection have entered the body of general international law". From the context of community interests, there arises the problem as to whether the means of protection for the direct victims of the wrongdoing be undertaken by or on behalf of the International Community of States, without regard to the nationality of the victims. How the means employed in the right of international protection may be identified as humanitarian intervention may effect some complications on the interpretation of the general prohibition on the use or threat of force as a foundation principle of the UN Charter.

 

10. In view of the expansive scope of community interests in which "all states can be held to have a legal interest in their protection", the implications of the erga omnes formula in international responsibility would proved to be more significant than what has been outlined above. To begin with, the import of Barcelona Traction encompasses international human rights. Major regimes installed in international conventions have entered general internation law. The concept of the common heritage of mankind in areas beyond national jurisdiction has gained foothold in international custom in the law of the sea as well as in outer space. Following the declaration of the UN General Assembly, the Framework Convention on Climate Change begins with the proclamation of its more than 120 states parties that change in the Earth's climate and adverse effects are "a common concern of humankind", comprehending the "totality of the atmosphere, hydrosphere, biosphere and geosphere and their interactions". International responsibility embodied in obligations defined in the protection of global environment is of planetary proportion, addressed to real threats and crises of the Earth and therefore of the entire humankind. I certainly would venture to say that in context the civilizational magnitude of the prolematique erases the boundary between conventional international law and general international law.

 

IV. International Community of States as a Whole: Jus Cogens Norms 11. Distinctively, the introduction of the concept of jus cogens into positive international law is a landmark development in the consolidation of fundamental interests that pertains to states as an international community, aside from their individuated status. The category of peremptory norms that are now embodied in Article 53 of the 1969 Vienna Convention on the Law of Treaties has become a ground for nullifying a treaty if, at the time of its conclusion, it is in conflict with the peremptory or jus cogens norms of general internationallaw. The Convention is explicit that it is by authority of the "international community of States as a whole" that a norm of general international law is "accepted and recognized ... as a norm from which no derogation is permitted."

 

12. By Jus cogens norms, International Community of States as a whole imposes constraint on the sovereign authorityof the individual members in treaty-making. Their international responsibility arises from the breach of obligation not to conclude treaties against the community interests embodied in peremptory or jus cogens so recognized by the International Community of States.

 

V. Criminal Liability in International Responsibility 13. It may be recognized that international responsibility has been engaged along two lines of developments in established practice, namely: (1) responsibility of States in the concept of civil liability, which the ILC calls international delict; and (2) responsibility attributed to individual natural persons in the nature of criminal liability. The first one deals with an internationallywrongful act of a State as a breach of obligation under international law; and the second pertains to an act of an individual as a subject of international law in the context of criminal liability, i.e., he is criminally responsible and liable for punishment for an act which the "international community as a whole" has characterized as a crime. By the nature of the criminal act, his responsibility directly relates to the international community and not to the victim of the crime, in the national-law analogy that the crime is committed against the people, against the public order.

 

14. From the Treaty of Versailles of 1919 to the Nuremberg and Tokyo Judgments, through the proceedings of the ad hoc international criminal tribunals established by the UN Security Council, then to the Rome Statute establishing the permanent International Criminal Court, international criminal law has developed on the basis of criminal liability attributed to individual natural persons and now stands as the main enforcement mechanism of international humanitarian law and for the protection of human rights.

 

15. The core element of the rule of law in criminal responsibility is typified by Article 25 of the Rome Statute of the International Criminal Court: "A [natural] person who commits a crime ... shall be individually responsible and liable for punishment ...." While criminal responsibility of natural persons stands separately from State responsibility and independent of it, a trend of convergence appears to have emerged in the setting of global integration of State interests into common premises of international cooperation, giving rise to the restructuring of obligations under both categories of international responsibility as appurtenant to the collective interests of the International Community of States.

 

VI. An Approach to Some Problems 16. While the juridical boundaries between State responsibility and individual criminal responsibility are clearly drawn, this problem continues to loom large with increasing relevance: May criminal liability be attributed to the State? Under certain conditions set out in international conventions, may a State be charged of having committed an international crime? The ICJ Judgment in the Case Concerning the Application of the Genocide Convention, in which the Court has concluded that the reference in Article IX of the 1948 Genocide Convention to "the responsibility of a state for genocide did not exclude any form of state responsibility", has recaptured the serious concern over the question of criminal liability vis-a-vis the States.

 

17. Conventional international law implies some complementation of State responsibility with individual criminal responsibility. This is exemplified by the Rome Statute of the International Criminal Court which provides in Article 25 (4) that "No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law". Indeed, the ILC Draft Articles on "Responsibility of States for Internationally Wrongful Acts" is explicit in Article 58 that "These articles are without prejudice to any question of the individual responsibility under international law of any person acting on behalf of a State".

 

18. A landmark interpretation of individual criminal responsibility that brings it close to State responsibility, which is tantamount to imposing punitive measure on the State, emerged from the Nuremberg Charter and Judgment. As formulated by the ILC and unanimously affirmed by the UN General Assembly, the relevant Nuremberg Principle rules: "The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official does not relieve him from responsibility under international law." This principle has passed into general international law and is now codified in the Rome Statute of the International Criminal Court, Article 27(1) of which reads in part:

 

In particular, official capacity as Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility ... nor shall it, in and of itself, constitute a ground for reduction of sentence.

 

19. This principle is to be appreciated in the light of the reality that acts attributable to the State may be committed by the Head of State or Government, or its high officials, and they do so as an organ or agency of the State, or on its behalf. Hence, pronouncement of their criminal liability becomes a virtual, if not actual, attribution of criminality to the State of which they are duly constituted organs.