Responsibility Of States For Internationally Wrongful Acts.pdf

Every internationally wrongful act of a State entails the international responsibility of that State. An internationally wrongful act of a State occurs when conduct consisting of an action or omission is attributable to the State under international law and constitutes a breach of an international obligation of the State. The characterization of an act of a State as internationally wrongful is governed by international law and is not affected by the characterization of the same act as lawful by internal law.

The conduct of any State organ, regardless of its position or character, is considered an act of that State under international law. The conduct of persons or entities empowered by the law of that State to exercise elements of governmental authority is also considered an act of the State under international law, provided they are acting in that capacity in the particular instance.

The conduct of an organ placed at the disposal of a State by another State is considered an act of the former State under international law if the organ is acting in the exercise of elements of the governmental authority of the State at whose disposal it is placed. The conduct of an organ of a State or of a person or entity empowered to exercise elements of the governmental authority is considered an act of the State under international law if the organ, person or entity acts in that capacity, even if it exceeds its authority or contravenes instructions.

The conduct of a person or group of persons is considered an act of a State under international law if the person or group of persons is in fact acting on the instructions of, or under the direction or control of, that State in carrying out the conduct. The conduct of a person or group of persons is also considered an act of a State under international law if the person or group of persons is in fact exercising elements of the governmental authority in the absence or default of the official authorities and in circumstances such as to call for the exercise of those elements of authority.

A State is responsible for the internationally wrongful act of another State if it aids or assists the other State in the commission of the act, or if it directs and controls the other State in the commission of the act. A State is also responsible for the internationally wrongful act of another State if it coerces the other State into committing the act.

A breach of an international obligation by a State occurs when an act of the State is not in conformity with what is required of it by that obligation, regardless of its origin or character. The breach of an international obligation by an act of a State not having a continuing character occurs at the moment when the act is performed, even if its effects continue. The breach of an international obligation by an act of a State having a continuing character extends over the entire period during which the act continues and remains not in conformity with the international obligation.

A State is responsible for the internationally wrongful act of another State if it aids or assists the other State in the commission of the act, or if it directs and controls the other State in the commission of the act. A State is also responsible for the internationally wrongful act of another State if it coerces the other State into committing the act.