La responsabilidad directa por omisión del Estado más allá de la diligencia debida. Reflexiones a raíz de los crímenes ≪feminicidas≫ de Ciudad Juarez

Abstract

The development of International Law on Human Rights and International Criminal Law on liability, particularly with regard to the various manifestations of authorship (ECC and abetting), has so far not led to significant changes in State international responsibility for acts committed by non-State agents. However, judgments such as those adopted by the Inter-American Court of Human Rights related to crimes against women in Ciudad Juárez («Cotton Field» c. Mexico) point to the need to overcome this classical doctrine, especially where it establishes that the intolerable passivity or acquiescence of the State causes impunity and perpetuates the crime. In these cases, it is essential to explore other elements, such as negligent complicity or commission by omission, that extend beyond traditional elements, such as State obligations of due diligence.