Foreword Preface Abbreviations About the Author Table of Cases Introduction part 1 Parameters of Responsibility 1 Subjects of Responsibility under International Law a The State as a Subject of International Law b The Individual as a Subject of International Law c Duality of Responsibility in International Law 2 Primary and Secondary Rules a Primary Rules i Individual-Directed Rules ii State-Directed Rules b Secondary Rules i Distinguishing Secondary Rules of Individual and State Responsibility ii Secondary Rules of Individual Responsibility iii Secondary Rules of State Responsibility iv Associated Secondary Rules 1 Consequences 2 Defenses 3 Jurisdiction 4 Immunity part 2 Breach 3 Crimes under International Law a Elements of Individual Criminal Responsibility i The Objective Element ii The Subjective Element b An Element Approach to Crimes 4 Internationally Wrongful Acts a Elements of State Responsibility b Two Categories of Primary Rules c Concurrent State Responsibility i Peremptory Norms and their Correlates ii Acta Jure Imperii iii Crimes of States iv Aggravated State Responsibility d Complementary State Responsibility i Obligations Erga Omnes ii Implications of Distinct Primary Rules 1 International Crime as a Prerequisite 2 Attribution of International Crime not a Prerequisite 3 No Mitigation of Concurrent Responsibility for an International Crime 5 Breach and the Interaction of Primary and Secondary Rules a Relationship between Elements of Individual and State Responsibility b Sources of Law c Standards of Proof part 3 Attribution 6 Rules of Attribution in International Criminal Law a Modes of Attribution i Commission 1 Direct Perpetration 2 Indirect Perpetration 3 Joint Criminal Enterprise ii Encouragement 1 Planning 2 Ordering 3 Instigating iii Assistance 1 Aiding and Abetting 2 Assisting in Commission of a Crime by a Group iv Superior Responsibility v Inchoate Offences 1 Attempt 2 Conspiracy 3 Incitement b Conclusions i Relevance to Attribution in the Law of State Responsibility ii Identifying the Parameters of Modes of Attribution iii Methodology and Sources of Law 7 Rules of Attribution in the Law of State Responsibility a Modes of Attribution i State Organs ii De Facto State Organs iii Ultra Vires Conduct iv Other Circumstances in which Conduct may be Attributable to the State 1 Instruction of the State or under its Direction or Control 2 Exercise of Governmental Authority in the Absence of Official Authority 3 Insurrection 4 Conduct Acknowledged and Adopted by the State b Conclusions i Secondary Rules of General Applicability ii Actions and Omissions 8 Convergence and Divergence in Attribution a Principles of Attribution: Culpability and Objectivity Distinguished b Double Attribution c International Crimes, Official Capacity, and Attribution to the State d Crimes under International Law Performed in a Private Capacity e Attribution to the State and Individual Immunity Ratione Materiae part 4 Responsibility 9 Consequences a Consequences of Individual Criminal Responsibility i Purposes ii Penalties b Consequences of an Internationally Wrongful Act i Consequences for the Responsible State 1 Cessation 2 Reparation ii Consequences Beyond the Responsible State 1 Serious Breaches 2 Third-State Consequences c Non-Recognition and Non-Maintenance d Cooperation iii Standing 1 Common Legal Interest in Performance 2 Beneficiaries of Invocation of Responsibility e Differentiation in Forms of Responsibility and their Consequences 10 Defenses a Exclusion of Responsibility for Crimes under International Law i Failure of Proof ii Justification and Excuse b Circumstances Precluding Wrongfulness for Internationally Wrongful Acts c Points of Contact in Avoidance of Responsibility 11 Jurisdiction a Jurisdiction over Individuals under International Law b Jurisdiction over States under International Law c Divergence in Rules of Jurisdiction 12 Immunity a Immunity of Individuals under International Law i Immunity Ratione Personae 1 International Courts and Tribunals 2 Domestic Courts ii Immunity Ratione Materiae 1 International Courts and Tribunals 2 Domestic Courts iii Inviolability b State Immunity under International Law c Corresponding Divergence in Rules of Immunity part 5 Duality of Responsibility in International Law 13 The Legal Framework of Duality of Responsibility a Individual Responsibility b State Responsibility c The Relationship Between Individual and State Responsibility i Breach ii Attribution iii Responsibility 14 Conclusions Index.