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 ?
relating to tort, delict or quasidelict" either in the courts
43) Molar, "The ILC's Distinction between International Crimes and International Delicts and Its Implications," United Nations Codification of State Responsibility, ed.
The distinction between crimes and delicts might, however, find its justification in the treatment of legal consequences.
The British reiterated this position, adding a further argument that "by establishing the category of international crimes the danger of polarizing moral and political judgments into a crude choice between crimes and delicts is increased.
On the third point--the liability of the two accomplices--Crudop notes that Justinian states in his discussion of obligations that arise from delicts that those who aid and abet a theft are also liable (De obligationibus quae ex delicto nascuntur, Inst.
Too much creative novelty always goes on--new songs composed and heard, new creations shown, quick responses made to sudden changes in affairs (births, marriage, delicts, deaths, seasonal shifts, etc.
Book 1 ends with a treatment of delicts that is expanded into a complete system of criminal law (c.
xxi) McMahon demonstrates how delicts were fashioned, sustained, and then eventually discarded.
Americans and Europeans have different traditions in the law of torts, or delicts.
C]ollective criminal agreement partnership in crime--presents a greater potential threat to the public than individual delicts.
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.
118) Intentional torts, on the other hand, are regarded as important concerns,(119) but it can be claimed that the harms caused by delicts like defamation are not comparable with those resulting from human rights abuses such as torture and extrajudicial executions.