Articles on the responsibility of States for internationally wrongful acts


Here are a few articles that discuss the responsibility of states for internationally wrongful acts:

  1. Article 1 of the International Law Commission’s (ILC) Articles on State Responsibility (ASR):
    “Every internationally wrongful act of a State entails the international responsibility of that State.”
  2. Article 2 of the ASR:
    “There is an internationally wrongful act of a State when conduct consisting of an action or omission:
    (a) Is attributable to the State under international law;
    (b) Constitutes a breach of an international obligation of the State; and
    (c) Is characterized as wrongful by that State.”
  3. Article 4 of the ASR:
    “The conduct of any State organ shall be considered an act of that State under international law, whether the organ exercises legislative, executive, judicial or any other functions, whatever position it holds in the organization of the State, and whatever its character as an organ of the central Government or of a territorial unit of the State.”
  4. Article 5 of the ASR:
    “The conduct of a person or group of persons shall be 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.”
  5. Article 12 of the ASR:
    “The wrongfulness of an act of a State is precluded if the act constitutes a lawful measure of self-defense taken in conformity with the Charter of the United Nations.”
  6. Article 14 of the ASR:
    “A State may not invoke the fact that its consent to be bound by a treaty has been expressed in violation of a provision of its internal law regarding competence to conclude treaties as invalidating its consent unless that violation was manifest and concerned a rule of its internal law of fundamental importance.”

These articles are part of the ILC’s ASR, which serve as a comprehensive framework for determining state responsibility for internationally wrongful acts.

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