Attribution of conduct (2) / state responsibility in relation to acts of other states / circumstances precluding wrongfullness (1) S11 Flashcards
(10 cards)
Explain the rule about the adoption of conduct with regarding to state responsibility
A state can be held responsible for non-attributable acts if it later acknowledges and adopts them
Explain the rule about terrorist groups with regarding to state responsibility
To attribute terrorist acts to a state, there must be a high level of involvement; mere funding or hosting is not enough. The state must have directed or controlled the specific acts in question
Explain what is a ‘host state’
Host state: the state where the terrorists are based or operating from
Explain the “unable doctrine”/”unwilling doctrine”
“Unable doctrine”/”unwilling doctrine”: a state may justify the use of defensive force inside a host state’s territory when that host state cannot or will not stop terrorism originating from its soil. However, this does not mean the host state is legally responsible for the terrorists under international law
Explain the general rule about state responsibility in relation to acts of other states
General rule: a state is primarily responsible only for its own actions in international law
Name and explain an exception when a state is not responsible for its own actions in international law
Exception (Article 16 of the ILC Articles): a state can be held responsible for aiding or assisting another state in committing an internationally wrongful act if:
1) The assisting state knew the circumstances of the wrongful act
2) The act would be wrongful if the assisting state had committed it itself
Explain what is confirmed in the Genocide case
Genocide case is confirmed that Article 16 of the ILC Articles reflects customary international law + Serbia could not held responsible under Article 16 of the ILC Articles, because the ICJ could not prove Serbia it knew or intended the aid to contribute specifically to genocide
Name and explain examples of application of Article 16 of the ILC Articles
Application of Article 16 of the ILC Articles:
1) Assisting another state in using unlawful force
2) Supporting actions that lead to human rights violations like torture or secret detention
So in this cases a state can be held responsible for actions in another state
A high threshold for state responsibility applies. Name and explain what is meant by this
A high threshold for state responsibility applies under Article 16 of the ILC Articles: it is not easy to hold a state legally responsible for assisting another state’s wrongful act:
1) The assisting state must have knowledge of how its aid would be used
2) The assistance must be intentional and aimed at facilitating the wrongful act
3) The wrongful act must have actually been carried out by the assisted state
Explain what are circumstances precluding wrongfulness
Circumstances precluding wrongfulness are exceptions that can temporarily justify an otherwise wrongful act by a state under international law: they do not erase obligations; only suspend them while the justification lasts (confirmed in the Gabčíkovo-Nagymaros case)
