Delict


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Delict

 

(1) In international law, a violation of the norms of international law or obligations resulting from incorrect action (inaction) or negligence. Current international law distinguishes two categories of delicts: misdemeanors, which constitute infringements on the rights and interests of a particular state or group of states, and international crimes, which are infringements on the basic principles of international relations and thus damage the rights and interests of all states. Most typical in this respect are criminal encroachments on international peace and the security and freedom of peoples. These encroachments are singled out in a special category of delict because of their extraordinary danger and are specified in the UN Charter. In international documents adopted since World War II (1939-45), crimes against peace have often been included in the category of the most serious international crimes; these are considered crimes against humanity (for example, the statutes of the Nuremberg and Tokyo international war tribunals and the resolutions of the UN General Assembly on Dec. 11, 1946, and Nov. 21, 1947).

The concept of the international crime is also applied to actions by a state that infringe on the sovereignty and freedom of peoples, such as colonial oppression, suppression of a national liberation, movement by force, apartheid, and genocide. Also among crimes against humanity is the initial introduction by a state of nuclear, chemical, bacteriological, or other weapons of mass destruction. All states and other subjects of international law bear international legal liability for delicts. Agreements by states on international measures to prosecute particular categories of crimes committed by physical persons (above all, crimes against humanity) do not change this principle, because the liability of physical persons who have committed such crimes is a special type of criminal liability in the norms of international law.

(2) In civil law, a misdemeanor.

V. I. MENZHINSKII

References in periodicals archive ?
The majority of the Court held that South African common law on delict was sufficiently flexible to dispose of the case.
such a delict may also bring the entire claim for damages before the
rather than the traditional direct approach of simply proscribing the "bad activity" or delict.
While the academic study of Roman law did not start until the 11th century, basic concepts in modern civil law of contract, delict (negligence), possession, and ownership all show Roman influence.
In South Africa the Official Marks are protected by the Trade Marks Act, the Copyright Act, the Counterfeit Goods Act, the common law delict of passing off in addition to other specific statutory provisions such as the Trade Practices Act and the Merchandise Marks Act.
Developing the Law of Delict (Torts) in Light of the Spirit, Purport and
The Common Law I course at Lancaster and the Delict Game at Strathclyde and Glasgow Caledonian became precursors of the Ardcalloch/Simple projects in which students were organised into teams of lawyers who negotiated specific cases on behalf of clients.
14)," the lawmaker said at a press conference at the parliament, attended by Aswat al-Iraq news agency, noting that Malaysia asked the Iraqi government of al-Dayni is wanted for a crime or delict.
60) A just cause is not a "willful exercise of violence but a just and pious endeavor occasioned by delict or injustice of the enemy.
Article 5(2) underscores the dual nature of aggression--namely, as crime as well as delict.
At this stage of their draft, the International Law Commission has found it necessary to limit its wording to avoid any association with international crimes or a delict.
The community, too, as a whole is likely to suffer ritual pollution from a delict committed by one of its members.