Abstract
The concept of international criminal law is not dead, but lives in a modified form. On the one hand, remained part of the theoretical discourse of international law.
On the other hand, the final version of the Articles on Responsibility of States transformed into a serious breach of the obligations arising from mandatory standards. Neither the codification of state responsibility, nor jurisprudence of international tribunals, including human rights courts, confirms the criminal responsibility of the state.
Criminal nature has only individual responsibility for crimes persons (under international law), which experienced over the past 20 years great development, mainly due to the practice of international criminal tribunals. This is how the theoretical concept of "crime" turns into practical content increased responsibility of the State for violation of mandatory rules of international law, will depend on further decision-making practice, not only MSD, but also regional human rights courts.