Sazonova K.L. Concept of “International State Crimes” as the Basis of International Responsibility: Comparative Analysis of the Doctrinal Positions

Abstract: This article devotes to the one of the most controversial concepts of comparative international law — the concept of “international state crimes”. The author examines the views of representatives of both domestic and foreign schools of international law concerning this concept, and highlights key issues and controversial aspects. The article also contains the analysis of the Report of the International Law Commission “Responsibility of States for Internationally Wrongful Acts” of 2001. The special attention is devoted to the category “serious breach of an obligation arising under a peremptory norm of general international law”. The author assesses the applicability of the concept of “international state crimes” to the existing international realities in the context of the frequent use of force in international relations. Moreover, the author analyzes what kind of responsibility can be realized by state which committed serious breach of international norms; examines the forms and types of international responsibility of states, and also compares the positions of the various researchers upon this issue. The problem of international responsibility of states for the use of force is also important because, despite its obvious relevance, in the domestic doctrine in recent years there has been a lack of publications upon this theme, especially in comparison with the western doctrine.

Keywords: