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On The Responsibility Of The US For Its International Wrongful Acts Caused By Wars Against Terrorism

Posted on:2009-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:X P HeFull Text:PDF
GTID:2166360245990537Subject:International relations
Abstract/Summary:PDF Full Text Request
Responsibility for international wrongful acts is an important part of responsibility of international law. In traditional international law, states are only subjects and they are responsibility bearers. Modern international law developed its subjects to the IGOS and nations who are struggling for independence. Besides, individuals are obligators for international crimes.The US launched Afghanistan and Iraq war in the name of anti- terror and caused series of responsibility of international wrongful acts. Undoubtedly, the US should be responsible to the harmed countries and civilizes, and individuals should be commitment to their international crimes. But there is no rule that a state should be responsible for international crimes such as intervention and humanitarian crimes. Considering the reality that international crimes are carried in the nation's name, for national interests, and supported by the government and the army, states should directly sustain international criminal responsibility, and sustain indirect responsibility for humanitarian crimes taken by individuals.The US continually occupied these two countries, and influenced their politic, economy and culture by the way of controlling the post-war reconstruction. It is unknown that if they can get compensation from the US by legal ways. The US and its special individuals were not be punished for their serious crimes. It's seriously betrayed from international law and it's a result of different factors. Firstly, the US implements hegemony policy, uses its unrivaled strength and unilateralist policy to undermine the authority of international law. It not only puts pressure to the UN through various means in order to help military to evade its responsibility, but also threatens countries that properly make it be guilty to sign agreements and promise not to prosecute the U.S. military and personas by economic sanctions and withdrawing aids .Secondly, international law's defects make it difficult to force the US to be responsible. International judicial institutions have many weak links, and this made it lack of effective jurisdiction. Thirdly, main great powers did not conduct measures to refrain the US. The UN is facing reformation difficulties, and under the pressure of big countries. It's in danger of being Squeezed and marginalized. Main western countries watched and compromised for national interests, and let the US be cruel. The League of Arab States and the Gulf Cooperation Council in the Mid-east also not be useful as people expected.Inclusively, international responsibility system has a great mission to hold subjects'international responsibility. It needs continual improvement .In this process, international society should make great effort to strengthen the UN's prominent status, and cooperate widely, and build a perfect international responsibility system of states, individuals at last.
Keywords/Search Tags:the US, Wars against Terrorism, Responsibility for Normal International Wrongful Acts, International Criminal Responsibility, the ICC
PDF Full Text Request
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