state responsibility Flashcards
(11 cards)
ARSIWA
articles on responsibility of states for internationally wrongful acts
- customary character
- they don’t determine wrongful acts but rather provide the consequences
conditions for state responsibility
(1) there is an unlawful act
(2) it is attributable to a state
when is an act attributable to the state?
- if it is committed by a state organ
- sometimes can be a private person if the state has empowered the person to exercise sovereign tasks - acting under control or direction of the state
- state contributing to the wrongdoing of another state
- insurrectional movement becoming the subsequent government
when can a wrongful act be justified?
- the infringed state validly consented to the infringement
- self-defence
- permissible countermeasures
- force majeure
- a situation of distress
- a situation of emergency
ARSIWA forms of reparation
a) restitution of the situation that existed before
b) compensation payment: if restitution is impossible
c) satisfaction: if none of the other options make good
non-recognition principle
if the breach violated ius cogens, its consequences must not be recognized by other states (e.g. annexation)
who can invoke responsibility?
the state injured unless the violation has an erga omnes character - then also other states
countermeasure
- an act contrary to IL
- to end violation of IL or provide for reparation
prerequisites for a permissible countermeasure
- object: cessation of the breach of IL
- proportionate to injury
- must not violate prohbition of the use of force
- must not affect fundamental human rights
- must not violate ius cogens
- must not iterfere with diplomatic immunities
individual responsibility under IL
arises under international criminal law which punishes certain serious crimes (genocide, war crimes…)
individuals can be brought before international criminal court
international liability
Bearing consequences for
damages resulting from
lawful actions
= permitted but dangerous
