Afterword: The Guiding Principles on Shared Responsibility in International Law and Its Critics

• Paddeu, Federica I 1

Abstract

This comment assesses the approach to the reach of defences beyond the international legal person(s) who is (or are) the author(s) of the internationally wrongful act articulated in Guiding Principle 5 of the Guiding Principles on Shared Responsibility in International Law. It will focus on three main points: (1) whether the choice in respect of the reach of defences in Principle 5 is justifiable for the international legal order; (2) the reach of defences in cases of coercion, where the coerced party may benefit from a defence due to the coercion (in the form of a force majeure defence); and (3) the ‘blindspot’ in the Guiding Principles in relation to defences of accessories, in particular where the conditions for accessorial liability are defined broadly as in the case of Principle 6 on aid and assistance.

• 1Queens’ College, and Fellow, Lauterpacht Centre for International Law, University of Cambridge, United Kingdom