15 septembre 2015: Madame Eirini Giorgou

Madame Eirini Giorgou soutiendra, en vue de l'obtention du grade de docteure en droit, sa thèse intitulée :

« Enforced Disappearance : At the Crossroads of State and Individual Criminal Responsibility in International Law »

Mardi 15 septembre 2015 – 14h.15
Salle M3050 - UNI MAIL

La séance est publique.

Résumé:

“Enforced Disappearance: At the Crossroads of State and Individual Criminal Responsibility in International Law”

The practice of ‘making people disappear’ constitutes today a global phenomenon. Enforced disappearance is a gross violation of human rights and a serious international crime. Its main peculiarity consists in the fact that it can only be committed with the involvement of state officials, a characteristic which justifies terming it a ‘crime of state’.

The present thesis provides an overview of the international legal framework prohibiting enforced disappearance, and at the same time attempts to shed some light on the relationship between the international responsibility of states and the international criminal responsibility of individuals.
Taking enforced disappearance as a case-study, the thesis examines this relationship at the level of primary norms, the subjective element, and attribution, in order to reach conclusions applicable to the broader category of ‘crimes of state’.
More specifically, the thesis argues in favour of the existence of a sui generis subjective element of state responsibility, and of the need for an ‘inversion of balance’ between state and individual criminal responsibility, giving primacy to the former.