Complicità omissiva tra stati per violazione di obblighi positivi

• Autores: Chiara Venturini
• Localización: Rivista di diritto internazionale, ISSN 0035-6158, Vol. 106, Nº 4, 2023, págs. 961-988
• Idioma: italiano
• Enlaces
  • Texto completo
• Resumen

  • The purpose of this article is to analyze the conditions under which a State can be held complicit in facilitating an unlawful act of another State through the violation of positive obligations. In such cases, a State, which is obliged to protect individual lives, must prevent arbitrary killings, and can be held liable for complicity if it fails to act. The obligation of prevention prescribed by the human right to life can lead to complicity when a State fails to take the necessary measures to prevent arbitrary killings. Contrary to what some scholars have argued, complicity, and not mere responsibility for breach of positive obligations, seems to occur in cases of human rights violations. The application of this paradigm makes it possible to consider the causal contribution of ancillary conduct to the principal offence, which otherwise would have no legal relevance.