State Responsibility in International Law

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Questions and Answers

Under Article 10, when can a state be held responsible for the acts of an insurrectional movement?

When the movement assumes power and establishes itself as the new government. (correct)

When the movement is acknowledged by the United Nations.

When the movement is recognized by other states.

When the movement fails and returns to its original state.

What does Article 11 allow regarding actions initially not attributable to the state?

The state may deny any association with those actions.

The state may acknowledge and adopt those actions as its own. (correct)

The actions must be renounced before being attributed to the state.

The state is automatically held accountable regardless of its actions.

In the Tehran Hostages case, what caused the Iranian government to become responsible for the actions of private citizens?

Official endorsement and use of the actions for leverage. (correct)

Public support for the hostages.

International pressure from the United Nations.

Media coverage encouraging government intervention.

What is required for a state to be responsible for aiding another state in committing an international wrongful act according to Article 16?

The act must be wrongful if committed by the assisting state. Signup and view all the answers

Which of the following is NOT a consequence of wrongful conduct as per the ILC articles?

Automatic trial of the responsible parties. Signup and view all the answers

Who generally has the right to invoke a breach of responsibility in international law?

Only the injured party. Signup and view all the answers

Which of the following actions violates the principle of aiding another state in an international wrongful act?

Assisting in military attacks against another nation. Signup and view all the answers

What is indicated by the term 'erga omnes' in the context of breaches of responsibility?

All states have an interest in preventing genocide. Signup and view all the answers

What must happen for an insurrectional movement's acts to become attributed to the state according to Article 10?

The movement must succeed and establish a new government. Signup and view all the answers

Which of the following accurately reflects the responsibilities outlined in Article 11?

A state may be liable if it acknowledges prior wrongful acts. Signup and view all the answers

What distinguishes the Tehran Hostages case in terms of state responsibility?

The Iranian government adopted the actions of private citizens. Signup and view all the answers

According to Article 16, under what condition is a state internationally responsible for assisting another state in a wrongful act?

If the act would be considered wrongful if committed by the assisting state. Signup and view all the answers

What is one of the main obligations following a breach of responsibility according to the ILC articles?

Reparations to the injured party. Signup and view all the answers

Who typically has the authority to invoke a breach of responsibility in international law?

Only the injured party. Signup and view all the answers

Which situation illustrates a violation of international law regarding state responsibility?

A state provides support with knowledge of wrongful acts. Signup and view all the answers

In cases of erga omnes breaches, who can initiate legal proceedings?

Any party, regardless of direct injury. Signup and view all the answers

Study Notes

State Responsibility for Acts of Insurrectional Movements

States are responsible for acts of movements if they seize power or form a new state within a pre-existing state's territory, assuming subsequent adoption.
Acts of insurrectional movements that haven't succeeded in establishing power aren't attributable to the state. This is a well-established principle.

Subsequent Adoption of Actions (Article 11 ILC)

States can be held accountable for actions not initially attributable if they later acknowledge and adopt them as their own.
Iran was held responsible for the embassy seizure and hostage-taking in the Tehran Hostages case because they endorsed these actions and used them against the US.
A minister's statement acknowledging another's actions does not automatically equate to adoption. The example in the text rejects endorsement of wrongful acts, unlike the Tehran Hostages case where the government used the situation for their agenda.

State Responsibility for Aiding Another State in Wrongful Acts (Article 16 ILC)

A state is responsible if it aids another state in an international wrongful act:
- with knowledge of the circumstances of the wrongful act, and
- the act would be wrongful if committed by the assisting state.

International Crimes and Wrongful Conduct

Key International Crimes: crimes against humanity, right to self-determination, prohibition of apartheid & gross racial discrimination.
Consequences of Wrongful Conduct: Primary obligations include ceasing the wrongful act and reparations.

Invoking Breaches of International Responsibility

General rule: Only the injured party can invoke a violation.
Exceptions: Erga Omnes breaches (like genocide) – everyone can invoke international law. Examples include South Africa, Israel and Gaza/Gambia and Myanmar.
Applicable to: Genocide, Crimes Against Humanity, terrorism

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Description

This quiz explores the principles of state responsibility, particularly regarding insurrectional movements and subsequent adoption of actions as outlined in the International Law Commission's Articles. Key cases, such as the Tehran Hostages Case, will be analyzed to illustrate these concepts. Test your understanding of state accountability in these complex legal scenarios.