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law is responsible therefor and liable to punishment. 312 International law imposes duties andliabilities on individuals as well as States, and individuals may be punished for violations ofinternational law. 31318.22.2 Absence of Penalty Under Domestic Law Does Not Relieve a Person ofResponsibility. The fact that internal law does not impose a penalty for an act that constitutes acrime under international law does not relieve the person who committed the act fromresponsibility under international law. 314For example, a State may lack domestic legislation that imposes any penalty for an actthat violates international law. Nonetheless, just as a State’s municipal law cannot excuse itsfailure to comply with its international legal obligations, a person is not relieved of responsibilityfor an act constituting a crime under international law because his or her State’s municipal lawdoes not impose any penalty for the offense. 31518.22.3 Official Position Does Not Relieve a Person of Responsibility. The fact that aperson who committed an act which constitutes a crime under international law acted as Head ofState or responsible Government official does not relieve him or her of responsibility underinternational law. 316312 See U.N. International Law Commission, Principles of International Law Recognized in the Charter of theNürnberg Tribunal and in the Judgment of the Tribunal, in Report of the International Law Commission on itsSecond Session, 5 June to 29 July 1950, (Document A/1316), reprinted in II YEARBOOK OF INTERNATIONAL LAWCOMMISSION 1950, 374 U.N. Doc. A/CN. 4/SER.A/1950/Add. 1 (Jun. 6, 1957) (“PRINCIPLE I Any person whocommits an act which constitutes a crime under international law is responsible therefor and liable to punishment.”).313 United States, et al. v. Göring, et al., Judgment, I TRIAL OF THE MAJOR WAR CRIMINALS BEFORE THE IMT 223(“That international law imposes duties and liabilities upon individuals as well as upon States has long beenrecognized. … Many other authorities could be cited, but enough has been said to show that individuals can bepunished for violations of international law. Crimes against international law are committed by men, not by abstractentities, and only by punishing individuals who commit such crimes can the provisions of international law beenforced.”) (citing Ex parte Quirin, 317 U.S. 1 (1942)). Compare § 10.3.5 (State Responsibility for Its Agents’Treatment of Protected Persons).314 U.N. International Law Commission, Principles of International Law Recognized in the Charter of the NürnbergTribunal and in the Judgment of the Tribunal, in Report of the International Law Commission on its Second Session,5 June to 29 July 1950, (Document A/1316), reprinted in II YEARBOOK OF INTERNATIONAL LAW COMMISSION 1950,374 U.N. Doc. A/CN. 4/SER.A/1950/Add. 1 (Jun. 6, 1957) (“PRINCIPLE II The fact that internal law does not imposea penalty for an act which constitutes a crime under international law does not relieve the person who committed theact from responsibility under international law.”).315 Refer to § 1.10.1.4 (Force of International Law Notwithstanding a State’s Domestic Law).316 U.N. International Law Commission, Principles of International Law Recognized in the Charter of the NürnbergTribunal and in the Judgment of the Tribunal, in Report of the International Law Commission on its Second Session,5 June to 29 July 1950, (Document A/1316), reprinted in II YEARBOOK OF INTERNATIONAL LAW COMMISSION 1950,374, 375 U.N. Doc. A/CN. 4/SER.A/1950/Add. 1 (Jun. 6, 1957) (“PRINCIPLE III The fact that a person whocommitted an act which constitutes a crime under international law acted as Head of State or responsibleGovernment official does not relieve him from responsibility under international law.”).1119

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