POL340Y1 Lecture Notes - Lecture 12: International Humanitarian Law, Force Majeure, De Jure
22 Apr 2017
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When is a state responsible (i. e. liable) in international law: only a state that can have an international right or responsibility: Unless a treaty has given another corporation or entity that right: there are differences between heads of government and someone who is a non-state actor. What happened: adolf eichmann fled from austria to argentina after wwii. Israeli secret service seized him and took him to jerusalem for trial in israeli court. Issue: eichmann argued that he hasn"t been brought to israel rightfully so he can"t be rightfully trialed. Holding: only argentina has the right to make this case. Eichmann (as an individual) does not have the right to make this argument. Where do we look to find the answers? (see: week 12 readings: general principles. E. g. factory at chorzow (poland v. germany: the victim state of the violation to international law requires a remedy.
