352:. Persons or entities not classified as organs of the State may still be imputable, when they are otherwise empowered to exercise elements of governmental authority, and act in that capacity in the particular instance. Persons or entities not performing public functions may equally be imputable, if they in fact acted under the direction or control of the State. Where there is a breakdown of normal governmental authority and control, such as in so-called "
180:. By focusing on general rules, stated at a high level of abstraction, Ago created a politically safe space within which the ILC could work and largely avoid the contentious debates of the day. From 1969 until his election to the ICJ in 1980, Ago completed work on part 1 of the draft articles, addressing the origin of state responsibility. Most of the thirty-five articles adopted during his tenure are reflected in the final draft.
409:
implemented if the holder of the right is an individual or an organisation. The principal element of progressive development in this area is
Article 48, which provides that certain violations of international obligations can affect the international community as a whole such that state responsibility can be invoked by states on behalf of the larger community. This provision picks up on the ICJ's celebrated suggestion in
42:. Rather than set forth any particular obligations, the rules of state responsibility determine, in general, when an obligation has been breached and the legal consequences of that violation. In this way they are "secondary" rules that address basic issues of responsibility and remedies available for breach of "primary" or
168:, appointed in 1955 noted, "It would be difficult to find a topic beset with greater confusion and uncertainty." GarcĂa Amador attempted to return to the traditional focus on responsibility for injury to aliens but his work was essentially abandoned by the ILC when his membership ended in 1961. His successor,
156:
The topic of state responsibility was one of the first 14 areas provisionally selected for the ILC's attention in 1949. When the ILC listed the topic for codification in 1953, "state responsibility" was distinguished from a separate topic on the "treatment of aliens", reflecting the growing view that
364:
Despite their apparent concreteness, the standards stated in some rules involve important ambiguities, and their application will often require significant fact-finding and judgment. Most rules state responsibility involving private acts already arise under primary rules. For example, environmental
326:
Before a state can be held responsible for any action, it is necessary to prove a causal connection between the injury and an official act or omission attributable to the state alleged to be in breach of its obligations. This has become an increasingly significant contemporary issue, as non-state
360:
sense will be acts of the state. The acts of an "insurrectional or other movement that becomes the new government of an existing state or succeeds in establishing a new state" can also be attributed to the state. This is also the case where a state acknowledges and adopts the conduct of private
408:
Second, the articles create new rights for injured states, principally, the right to invoke responsibility (Articles 42 and 48) and a limited right to take countermeasures (Articles 49-53). These rights, however, are heavily state-centred and do not deal with how state responsibility is to be
275:
2. An internationally wrongful act which results from the breach by a State of an international obligation so essential for the protection of fundamental interests of the international community that its breach is recognized as a crime by that community as a whole constitutes an international
396:
The breach of an international obligation entails two types of legal consequences. Firstly, it creates new obligations for the breaching state, principally, duties of cessation and non-repetition (Article 30), and a duty to make full reparation (Article 31). Article 33(1) characterises these
50:, such as with respect to the use of armed force. Because of this generality, the rules can be studied independently of the primary rules of obligation. They establish (1) the conditions of actions to qualify as internationally wrongful, (2) the circumstances under which actions of
832:, New Application, 1970 ICJ Reports 4, 32. See also; Report of the Commission to the General Assembly on the work of its fifty-third session (23 April – 1 June and 2 July– 1 0 August) A/56/10 (2001) II (Part Two) Yearbook of the International Law Commission p. 127, para 8.
216:, appointed as special rapporteur in 1996, approached the task pragmatically. The ILC moved rapidly through a second reading of the draft articles, adopting what it could agree on and jettisoning the rest, most notable of which was Article 19 on
309:(d) a serious breach of an international obligation of essential importance for the safeguarding and preservation of the human environment, such as those prohibiting massive pollution of the atmosphere or of the seas.
233:
100:. It included not only "secondary" issues such as attribution and remedies, but also the primary rights and duties of states, for example the asserted international standard of treatment and the right of
139:
law, which applies to all individuals, whether aliens or nationals. The concept of a general regime of legal responsibility, which the rules of state responsibility have taken on, is an inception of the
852:
228:
The final text of the Draft
Articles was adopted by the ILC in August 2001, bringing to completion one of the Commission's longest running and most controversial studies. On 12 December 2001, the
304:(c) a serious breach on a widespread scale of an international obligation of essential importance for safeguarding the human being, such as those prohibiting slavery, genocide and apartheid;
191:, who served as special rapporteur to 1986, stressed that particular primary rules may specify the consequences of their breach - an idea conveyed by the articles through the recognition of
201:, special rapporteur from 1988, helped clarify the consequences of breaches of international obligations. Over the next eight years, the ILC completed its first reading of parts 2 and 3.
108:
and private bodies to codify the rules of "state responsibility" reflected the traditional focus on responsibility for injuries to aliens. The League's 1930 Codification
Conference in
176:, reconceptualised the ILC's work in terms of the distinction between primary and secondary rules, and also established the basic organisational structure of what would become the
749:
290:(a) a serious breach of an international obligation of essential importance for the maintenance of international peace and security, such as that prohibiting aggression;
346:
The state is responsible for all actions of its officials and organs, even if the organ or official is formally independent and even if the organ or official is acting
73:
and "are considered by courts and commentators to be in whole or in large part an accurate codification of the customary international law of state responsibility".
161:
198:
508:
It can safely be ruled out that the military can be summoned for the execution of an order issued from his state in violation of a rule of international law:
442:
184:
402:
853:"Frameworks for Accountability: How Domestic Tort Law Can Inform the Development of International Law of State Responsibility in Armed Conflicts"
894:
208:
adopted a resolution in effect pressing the
Commission to make progress on the state responsibility articles and other long-pending projects.
458:
236:, which "commended to the attention of Governments without prejudice to the question of their future adoption or other appropriate action."
61:
Until recently, the theory of the law of state responsibility was not well developed. The position has now changed, with the adoption of the
69:(ILC) in August 2001. The Draft Articles are a combination of codification and progressive development. They have already been cited by the
314:
4. Any internationally wrongful act which is not an international crime in accordance with paragraph 2 constitutes an international delict.
913:
James
Crawford, "The International Law Commission's Articles on State Responsibility. Introduction, Text and Commentaries" (2002),
511:
81:
615:
878:
58:
and other entities may be attributed to the state, (3) general defences to liability and (4) the consequences of liability.
281:
3. Subject to
Paragraph 2, and on the basis of the rules of international law in force, an international crime may result,
239:
Crawford notes that the rules are "rigorously general in character," encompassing all types of international obligations.
85:
405:
also that states may owe secondary obligations to non-state actors such as individuals or international organisations.
761:
International Law
Commission's Articles on Responsibility of States for internationally wrongful acts, as adopted 2001
918:
905:
688:
671:
655:
123:. It took nearly 45 years, more than thirty reports, and extensive work by five Special Rapporteurs in order for the
928:
373:
If the general elements to establish state responsibility are established, the question arises as to whether any
229:
205:
127:
to reach agreement on the final text of the Draft
Articles as a whole, with commentaries. At the same time, the
1054:
540:
450:
70:
938:
336:
131:
of state responsibility concerning matters such as detention and physical ill-treatment of aliens and their
479:
462:
124:
119:
Attempts to codify and develop the rules of state responsibility have continued throughout the life of the
66:
295:(b) a serious breach of an international obligation of essential importance for safeguarding the right of
128:
726:
The
International Law Commission's Articles on State Responsibility: Introduction, Text and Commentaries
388:(Article 25) and counter measures (Articles 49-52), self-defence (article 21) and consent (article 20).
1049:
299:
of peoples, such as that prohibiting the establishment or maintenance by force of colonial domination;
76:
Although the articles are general in coverage, they do not necessarily apply in all cases. Particular
489:
332:
96:
Traditionally, the term "state responsibility" referred only to state responsibility for injuries to
429:
If illegal actions are continuing, the state has a duty to cease. The state also has duties to make
1059:
454:
141:
966:
541:"Draft articles on Responsibility of States for Internationally Wrongful Acts, with commentaries"
398:
267:
Earlier drafts of the
Articles on State Responsibility contained Article 19, which provided for "
209:
712:
700:
910:
Daniel Bodansky and John R. Crook, "Symposium: The ILC's State Responsibility Articles" (2002)
594:
582:
385:
183:
Work on the remainder of the articles proceeded slowly throughout the 1980s and early 1990s.
132:
101:
474:
35:
8:
512:"L'impossibilitĂ (giuridica) degli accordi bilaterali per sottrarsi alla giurisdizione"
430:
411:
296:
519:
914:
901:
874:
590:
105:
47:
992:
971:
The International Law Commission's Articles on State Responsibility: Past and Future
135:
has been rendered less important than formerly by the development of international
113:
638:
See Y. Matsui, "The Transformation of the Law of State Responsibility" (1993) 20
484:
374:
365:
and human rights agreements require states to prevent abuses by private parties.
116:, not on substantive rules regarding the treatment of aliens and their property.
31:
20:
958:
Historic Archives of the United Nations Audiovisual Library of International Law
957:
63:
Draft Articles on the Responsibility of States for Internationally Wrongful Acts
446:
120:
949:
900:
Helmut Philipp Aust, "Complicity and the Law of State Responsibility" (2011),
760:
1043:
1035:
Lecture Series of the United Nations Audiovisual Library of International Law
1034:
1018:
Lecture Series of the United Nations Audiovisual Library of International Law
1017:
1009:
1001:
Lecture Series of the United Nations Audiovisual Library of International Law
1000:
988:
Lecture Series of the United Nations Audiovisual Library of International Law
987:
975:
Lecture Series of the United Nations Audiovisual Library of International Law
974:
962:
937:
Draft Articles on Responsibility of States for Internationally Wrongful Acts
353:
340:
193:
157:
state responsibility encompasses the breach of an international obligation.
1026:
1022:
750:
International Law Commission's Draft Articles on State Responsibility, 1991
136:
1005:
979:
895:"Aiding and Assisting: Challenges in Armed Conflict and Counterterrorism"
434:
348:
268:
217:
188:
169:
97:
43:
616:"A Legal Approach to the Transfer of Russian Assets to Rebuild Ukraine"
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145:
55:
39:
954:
Articles on Responsibility of States for Internationally Wrongful Acts
997:
The Relationship between Collective Security and State Responsibility
213:
109:
933:
357:
328:
51:
984:
The Impact of Security Council Resolutions on State Responsibility
809:
The Accountability of Armed Opposition Groups in International Law
581:
Hathaway, Oona A.; Mills, Maggie; Poston, Thomas M. (2023-11-08).
445:. Remedies will be dependent on the particular forum, such as the
112:
was able to reach an agreement only on "secondary" issues such as
438:
258:
constitute a breach of an international obligation of the state.
77:
871:
Compensation for Environmental Damages under International Law
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397:
secondary obligations as being owed to other states or to the
88:, have established their own special rules of responsibility.
173:
830:
Barcelona Traction, Light & Power Co. (Belgium v. Spain)
160:
The ILC's first special rapporteur on state responsibility,
165:
255:
be attributable to the state under international law; and
356:", the actions of those acting as the "government" in a
563:
The ICJ cited an earlier draft text of the Articles in
318:
Article 19 was deleted from the final Draft Articles.
1031:
Responsibility in International Law - An Introduction
691:
173 at 175, para. 6, UN Doc. A/CN.4/SER.A/1956/Add.1.
339:
play greater international roles, and as governments
689:
1956 2 Yearbook of the International Law Commission
580:
672:1949 Year Book of the International Law Commission
401:as a whole. Articles indirectly acknowledges in a
932:The ILC's Draft Articles on State Responsibility
421:, toward the international community as a whole.
271:". Article 19 included the following provisions:
16:Responsibility of government in international law
1041:
950:Procedural history note and audiovisual material
607:
242:
583:"War Reparations: The Case for Countermeasures"
565:GabÄŤĂkovo-Nagyamaros Project (Hungary/Slovakia)
807:Note 1, Art 10. See further Liesbeth Zegveld,
745:
743:
873:, Kluwer Law International, The Hague, 2011,
459:International Tribunal for the Law of the Sea
857:Virginia Journal of International Law Online
686:First Report on International Responsibility
658:Yearbook of the International Law Commission
30:are the principles governing when and how a
740:
377:may be available to the respondent state.
728:(Cambridge University Press, 2002) at 12.
533:
391:
251:, an internationally wrongful act must:
850:
613:
509:
262:
220:and the section on dispute settlement.
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82:General Agreement on Tariffs and Trade
19:For tort liability of government, see
925:American Journal of International Law
675:46, 49-50, UN Doc. A/CN.4/SER.A/1949.
516:Diritto&Giustizia Edizione Online
384:(Article 23), distress (Article 24),
144:system and is largely foreign to the
465:, and on the purpose of reparation.
811:(Cambridge University Press, 2002).
86:European Convention on Human Rights
13:
1033:(also available in French) in the
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14:
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995:by Vera Gowlland-Debbas entitled
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38:for a breach of an international
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415:that some obligations are owed
230:United Nations General Assembly
206:United Nations General Assembly
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664:
652:Report to the General Assembly
645:
632:
614:Zelikow, Philip (2022-05-12).
557:
502:
451:International Court of Justice
337:non-governmental organisations
321:
71:International Court of Justice
1:
424:
243:Internationally wrongful acts
480:Rule according to higher law
463:International Criminal Court
343:some traditional functions.
125:International Law Commission
67:International Law Commission
7:
510:Buonomo, Giampiero (2002).
468:
368:
129:customary international law
10:
1076:
715:, para. 3 (Dec. 12, 2001).
703:, para. 3 (Dec. 11, 1995).
333:multinational corporations
91:
65:("Draft Articles") by the
18:
982:by Giorgio Gaja entitled
490:Collective responsibility
1014:The Rainbow Warrior Case
495:
455:World Trade Organization
589:. Stanford Law Review.
399:international community
104:. Early efforts by the
851:Abraham, Haim (2023).
433:, which could involve
392:Consequences of breach
1055:Social responsibility
684:F. V. GarcĂa Amador,
133:right to a fair trial
102:diplomatic protection
80:regimes, such as the
475:Nuremberg Principles
361:persons as its own.
263:International crimes
199:Gaetano Arangio-Ruiz
28:state responsibility
820:Note 1, Article 11.
640:Thesaurus Acroasium
893:Harriet Moynihan,
869:Hardman Reis, T.,
737:Note 1, Article 2.
412:Barcelona Traction
297:self-determination
162:F.V. GarcĂa Amador
1050:International law
879:978-90-411-3437-0
247:According to the
106:League of Nations
48:international law
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322:Attribution
189:Netherlands
170:Roberto Ago
148:tradition.
56:individuals
44:substantive
36:responsible
1044:Categories
625:2023-12-08
600:2023-12-07
550:2023-12-07
526:2016-03-28
431:reparation
425:Reparation
418:erga omnes
146:common law
114:imputation
54:, private
40:obligation
1029:entitled
1012:entitled
969:entitled
386:necessity
341:privatise
214:Australia
142:civil law
110:The Hague
52:officials
46:rules of
469:See also
375:defences
369:Defences
358:de facto
329:Al Qaeda
232:adopted
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656:1949
544:(PDF)
496:Notes
441:, or
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174:Italy
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927:773.
915:ISBN
902:ISBN
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