Week 5 - Holding actors to account Flashcards
Who are the subjects of international law?
States
International organizations
Individuals
- international crimes / crimes under international law / core crimes
Companies?
- Business and Human Rights (Ruggie Principles)
What is the role of the International law commission (ICL) and their “articles on the responsibility of states for internationally wrongful acts” (2001) (ARSIWA)
The status of Arsiwa:
- not adopted by GA
- taken note of by GA, and commended to States
- it is not a treaty
- many provisions are reflective of rules of customary international law
ARSIWA is important because:
covers all obligations under any field of international law human rights, IHL, law of the sea, air law, etc.
What is the Nature of state responsibility
Under national law:
division into civil law, criminal law, constitutional/administrative law
*in national law : vertical relationship between State authorities and subjects of law; criminal law and punishment imposed upon subjects
- in international law, no criminal responsibility of States
*international law: horizontal relationship between sovereign States ,which cannot take binding decisions on each other, and lack of a central authority that can determine the content of criminal law and impose punishment
What is the Subjective vs objective responsibility in nature state responsibility - article 1 ARSIWA
subjective responsibility
* fault: premeditation, (wilful) intent, (gross) negligence, recklessness
* reproach/blameworthiness
objective responsibility
*only attribution of conduct and breach of obligation needs to be proved
*no need to establish fault on the part of State officials
international law
* objective responsibility
* but breach of due diligence obligations
(obligations to prevent private individuals from engaging in harmful acts towards foreign diplomats, other individuals, foreign States) are premised on, at the very least, negligent behaviour of the State
