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Responsibility of a State for International Delinquencies - Coggle Diagram
Responsibility of a State for International Delinquencies
Responsibility of a State for International Delinquencies
Definition
Arises when a state commits an internationally wrongful act
Includes acts or omissions in violation of international obligations
Codified in
International Law Commission (ILC) Articles (2001)
Key Elements of State Responsibility
a. Attribution to the State
Acts must be attributable to state organs or entities
Example: Military, police, judiciary
b. Breach of International Obligation
Violation of treaty/custom/general principle
Example: Human rights abuses, environmental harm
c. No Justification
Act must not be justified under international law (e.g., self-defence)
Types of International Delinquencies
a. Direct State Acts
War, aggression, environmental damage
b. Acts of State Organs
Police torture, judicial bias
c. Omissions
Failing to protect diplomatic agents
d. Acts of Private Persons (when attributable to state)
Example:
US Diplomatic and Consular Staff in Tehran Case (1980)
Consequences of International Delinquency
a. Duty to Make Reparations
Restitution
Compensation
Satisfaction
b. Cessation and Guarantee of Non-Repetition
c. International Claims and Sanctions
d. Diplomatic and Judicial Actions
Relevant Case Laws
Factory at Chorzów Case
(1928)
“Reparation must wipe out consequences of illegal act”
Corfu Channel Case
(UK v. Albania, 1949)
State must not knowingly allow harm to another
US Diplomatic and Consular Staff Case
(1980)
Iran held responsible for private acts due to state approval
Circumstances Precluding Wrongfulness (ILC Articles)
a. Consent
b. Self-Defence
c. Force Majeure
d. Distress
e. Necessity
Legal Instruments
ILC Draft Articles on Responsibility of States for Internationally Wrongful Acts (2001)
United Nations Charter (esp. on use of force)