International Responsibility Flashcards
Definition of internationally wrongful act
Act attributable to state that constitutes a breach of an international obligation
Categories of wrongful acts
Delicts (torts):
- Violations of obligations that other countries can take legal action against
International crimes of states:
- Scholarly argued more serious breaches
Forms of reparation after state commits internationally wrongful act
Restitution:
- Returning situation to what it was before the act
Compensation:
- Reparations equivalent to damages caused (financial)
Satisfaction:
- Formal acknowledgement of wrongdoing, symbolic apology or similar act
Significance of Chorzów case
1928: Poland seized German owned factory, violating treaty between them
Breach of international obligation requires full reparation, ideally through restitution
If restitution cannot happen, compensate
Ultra vires act
When state agent acts beyond their authority
Even in this case, if agent was acting in their job, state can still be held responsible
When can the acts of individuals be attributed to a state?
Only if the state did not exercise due diligence in preventing the wrongful act from the individual. Examples include Velásquez Rodríguez v. Honduras and the US-Iran case, which established the positive obligation of a state to act and prevent wrongful acts.
Two types of state responsibility
Objective:
- Act itself makes state accountable
Subjective:
- State’s intention determines how culpable they were
When can necessity be used as justification for an internationally wrongful act?
A state can claim an act was necessary to safeguard an essential interest against grave and imminent peril, outside of the state’s control. There are strict conditions for claiming necessity.
ARSIWA Art. 23 & 25
Justification if the life of someone under the state’s care is under threat.
ARSIWA Art. 24
Which organization contributed significantly to defining state responsibility in international law?
The International Law Commission (ILC).
It developed the 2001 Articles on Responsibility of States on Internationally Wrongful Acts (ARSIWA), a key, though not universally codified, document on state responsibility.
When can a state exercise jurisdiction outside of its territory?
A state can exercise jurisdiction outside of its territory in the high seas, international territories, or in instances of extrajudicial execution.
What are primary rules in international law?
Primary rules impose specific obligations on states, for example, the prohibition on the use of force against other states without UNSC authorization (UN Charter Article 2(4)).
What are secondary rules in international law?
Secondary rules define the consequences of breaching primary rules, such as the attribution of conduct to a state.
For example, the conduct of any state organ (judiciary, legislature, military) is attributed to the state.
When is a state responsible for complicity in an internationally wrongful act?
According to ARSIWA Art. 16, states who aid or assist another state in committing an internationally wrongful act are also held responsible.
The Genocide Case (Bosnia v. Serbia) provides an example, where Serbia was found complicit in the genocide in Srebrenica.
