Week 8

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Questions and Answers

Is the Netherlands likely responsible for the murder committed by Jan, a Dutch diplomat, against Piet, a Belgian, if they claim harm from the act?

  • No, because Jan was acting in his official capacity.
  • Yes, if Jan was previously warned about the consequences of his acts.
  • Yes, because they are responsible for all acts of their diplomats.
  • Maybe, if they demonstrate that the act harmed the Netherlands. (correct)

What must the Netherlands demonstrate to avoid liability for the murder committed by one of its diplomats?

  • That the act was completely outside their control.
  • That Jan was acting under direct orders from the government.
  • That Jan was authorized to make decisions regarding his actions.
  • That they had no knowledge of a potential murder occurring. (correct)

Which of the following statements is true regarding state responsibility under international law?

  • Only state organs are considered for acts of state under international law.
  • Individual actions of diplomats are automatically attributed to the state they represent.
  • A state cannot be held responsible for actions taken by its intelligence agents.
  • The conduct of any state organ is considered an act of that state, regardless of its legislative or executive role. (correct)

In the Rainbow Warrior Case, why was France held responsible for the actions of its agents?

<p>The agents acted as intelligence agents for France even without direct authorization. (C)</p> Signup and view all the answers

What is an exception to state responsibility under Article 23 of ARSIWA?

<p>Force majeure situations beyond the state's control. (C)</p> Signup and view all the answers

Which of the following elements is NOT part of state responsibility?

<p>Consent (D)</p> Signup and view all the answers

What is the consequence of a state breaching its obligations?

<p>Liability to pay compensation (A)</p> Signup and view all the answers

Who among the following is considered an agent of the state involved in wrongful acts?

<p>Legislative members (B)</p> Signup and view all the answers

In the context of state responsibility, what does 'restitution' refer to?

<p>Returning the injured party to their prior state (C)</p> Signup and view all the answers

What are the legal consequences of violations by states of their international legal obligations?

<p>Set of general rules governing accountability (C)</p> Signup and view all the answers

Which branch of government is NOT directly involved in actions that can lead to state responsibility?

<p>Private sector (B)</p> Signup and view all the answers

Which case established the principle of obligation to make reparation for breaches?

<p>Chorzow Factory (C)</p> Signup and view all the answers

Is damage always required to establish state responsibility?

<p>No, its necessity is debatable (D)</p> Signup and view all the answers

What does reparation aim to achieve according to the PCIJ’s observation on State Responsibility?

<p>It must restore the situation that existed if the act had not occurred. (D)</p> Signup and view all the answers

Which article states that every internationally wrongful act of a state entails the international responsibility of that state?

<p>Article 1 (C)</p> Signup and view all the answers

What constitutes an internationally wrongful act of a state?

<p>An act that is both attributable to the state and constitutes a breach of its obligations. (C)</p> Signup and view all the answers

Why could the Netherlands not build an underground train through Belgium without consent?

<p>It violates the territorial integrity of Belgium. (A)</p> Signup and view all the answers

In the Corfu Channel case, what was the action that led to Albania's responsibility?

<p>Failing to inform about the dangers posed by mines. (A)</p> Signup and view all the answers

According to the scenario involving Jan and Piet, how might the Netherlands be held responsible?

<p>The Dutch police were informed beforehand and did nothing. (B)</p> Signup and view all the answers

What kind of act qualifies as an omission leading to internationally wrongful acts?

<p>Failure to act despite knowledge of a risk. (C)</p> Signup and view all the answers

How did the Iran Hostages case demonstrate state responsibility?

<p>The state failed to protect its embassies from external threats. (A)</p> Signup and view all the answers

Flashcards

State Responsibility

When a state fails to uphold its international legal obligations, resulting in consequences for that state.

Internationally Wrongful Act

An act by a state that violates an international legal obligation.

Attribution

The link between a state and the wrongful act, establishing the state as directly responsible.

Damage (Material & Immaterial)

Damages caused to another state due to a wrongful act, including physical harm and intangible damage.

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Restitution

Returning the injured party to the situation before the damage occurred.

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Reparation

The principle that failing to fulfill an agreement creates the responsibility to fix the harm caused.

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ICJ (International Court of Justice)

The International Court of Justice (ICJ), a court created to resolve disputes between states.

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Treaty Obligation

A formal agreement between states.

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State Responsibility for Acts of its Organs

A state is responsible for internationally wrongful acts committed by its organs, both legislative and executive, regardless of their position within the state structure.

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State Responsibility for Acts of Private Individuals

The state might be responsible for an international wrongful act even if the act was done by a private individual, if the individual was acting on the state's behalf or under its control.

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Reparation for Internationally Wrongful Act

The state is required to make full reparation for any internationally wrongful act it commits.

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Attribution of Conduct

An act is attributed to a state if it was committed by a person or entity having status in accordance with the state's internal law.

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Force Majeure

An unforeseen event beyond a state's control that makes it impossible to fulfill an obligation. This could be a natural disaster or a sudden political change.

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What makes a State's action wrongful?

A State's conduct constitutes a wrongful act if it is attributable to the state and constitutes a breach of a state's international obligation.

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What is the principle of Reparation?

The principle that reparation should aim to undo the effects of an illegal act and restore the situation as if the act never happened.

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State responsibility applies to what?

State responsibility applies to both acts and omissions. It means failing to act even when there's a legal duty to do so.

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What is 'attribution' under State responsibility?

When a State is legally responsible for the actions of its officials, even if they exceed their authority.

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What is the nature of the ARSIWA (Articles on Responsibility of States for Internationally Wrongful Acts)?

The International Law Commission (ILC) codified customary international law (CIL) on state responsibility, not a treaty.

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What does the Corfu Channel case illustrate?

The Corfu Channel case established that a State is responsible for not preventing an internationally wrongful act even if it's not directly responsible for it.

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What does the Iranian Hostage case highlight?

The Iranian Hostage case highlighted that even if state agents don't directly commit an act, the state may still be responsible for not protecting against it or remedying the situation.

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What does the 'underground train' example illustrate?

A State's territory extends beyond its land, including air, sea, and subsoil. Therefore, violating a country's subsoil can be an internationally wrongful act.

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Study Notes

Public International Law: State Responsibility

  • State responsibility arises when a state breaches an obligation, causing harm to another state.
  • Agency and freedom of action come with obligations, and failure to meet those obligations has consequences.
  • State responsibility requires four elements:
    • A breach of an obligation
    • A wrongful act (objective element)
    • Damage (material or immaterial; sometimes debated)
    • Attribution (subjective element)

Who is the State?

  • The state is made up of various branches:

    • Legislative
    • Executive
    • Judicial
    • Military
    • Diplomatic missions

  • State representatives include:

    • Head of state
    • Generals
    • Diplomats

  • These are all entities that could trigger or be part of state responsibility

What is State Responsibility?

  • State responsibility is a general set of rules governing international legal consequences of states violating international legal obligations.
  • This includes concepts like liability, accountability, and legal proceedings (ICJ).

Is the state responsible?

  • Private individuals' actions in one state might have implications when borders change and property shifts to another.

Chorzow Factory Case (1927 PCIJ)

  • Failure to meet obligations requires reparation for the damage done.
  • A breach of an agreement leads to an obligation to make appropriate reparation.

Articles on Responsibility of States for Internationally Wrongful Acts (2001)

  • These articles codified customary international law.
  • The codified law covers attribution and wrongful acts. This isn't a treaty.

ARSIWA (Articles on Responsibility of States for Internationally Wrongful Acts)

  • Article 1: Every internationally wrongful act by a state entails international responsibility of that state.
  • Article 2: International wrongful act happens when conduct (action or inaction) is attributable to the state and constitutes a breach of an international obligation of that state.

Internationally Wrongful Acts: Examples

  • Territorial Integrity: A state cannot violate another state's territory, including airspace, land, and underground areas.
  • Omission: A state is responsible for failing to act when it has a duty to do so (e.g., the Corfu Channel case—Albania's failure to deal with mines).
  • Attribution of conduct: A state's actions through its agents, even unrecognized, can lead to responsibility. This depends on if the agent was acting within their scope of work.
  • Jan/Piet example: Examples of individuals' actions that might involve state responsibility.
  • Iran Hostages: States can be responsible even if a branch of government doesn't directly act.

Exceptions to State Responsibility

  • Force Majeure (Article 23 ARSIWA): Unforeseen events outside a state's control can excuse a breach of an obligation, eliminating the state's responsibility, if those events make it impossible to fulfill that obligation.

Rainbow Warrior Case (1985)

  • Actions by agents (even unauthorized) can still trigger state responsibility if they act in their official capacity.

Cessation and Reparation (Art. 30-31 ARSIWA)

  • Cessation: States have a duty to stop wrongful acts, especially those continuing in nature.
  • Reparation: States must provide full reparation for wrongful acts which is important in terms of making up for any loss suffered as a result of the wrongful action.

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