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 ?
Finally, there is a brief discussion of the discharge of obligation with respect to delicts (c.
A declaration accepting the World Court's compulsory jurisdiction is as much an offensive weapon against the legal delicts of other states as it is a defensive weapon.
The Israeli Supreme Court affirmed Eichmann's conviction, ruling that the harmful and murderous impact of his international delicts had reverberated throughout the global community and that Israel was entitled, as a guardian of international law, to bring Eichmann before the bar of justice.
While democratic structures as cherished on these shores may have been slow to evolve, it would be as well to recall that Germany is not noted for sending children to work in coal-mines or sentencing them to death for trivial delicts.
SHAW, supra note 27, at 544 (distinguishing between international crimes, which result from the breach of "essential" international obligations, and international delicts, which comprise all other internationally wrongful acts).
The act of secession violated the long-standing rule, active in the Katanga case, that violations of the territorial integrity of a state are delicts and also violated the emerging rule that a claim to statehood may fail if it is predicated on illegal acts--including, probably, systematic denial of political rights on the basis of race.
Moral standards, measured as approval or disapproval of tax delicts (Schmolders, 1966) and action taking, were not directly dependent on age but turned out in the structural model to be a result attitudes.
Some delicts were susceptible only to one action or category (public/private) of actions, and in other cases (as for instance the range of remedies against the moichos) the range of actions available depended on the circumstances of transgression or detection.
We had to remove the delicts before we ever could tackle the tougher task of rebuilding the neighborhood," stated Mayor Ganim.
The range of possible international delicts is as wide as that of international obligations, including everything from breach of contract to genocide.
24) Sexual delicts and blasphemy are utterly absent from the list.