6. State responsibility

6.1 The laws of state responsibility

6.1.1 definition

The laws of state responsibility are the

principles governing when and how a state

is held responsible for a breach of an

international obligation.

Rather than set forth any particular

obligations, the rules of state

responsibility determine, in general,

when an obligation has been

breached and the legal consequences

of that violation.

In this way they are "secondary" rules that

address basic issues of responsibility and

remedies available for breach of "primary"

or substantive rules of international law, such

as with respect to the use of armed force.

Because of this generality, the rules can be

studied independently of the primary rules of

obligation.

6.1.2 They establish

(1) the conditions for an act to

qualify as internationally wrongful,

(2) the circumstances under whic

h actions of officials, private indiv

iduals and other entities may be a

ttributed to the state.

(3) general defences to liability

(4) the consequences of liability.

6.1.3 development

Until recently, the theory of the law of state

responsibility was not well developed. The

position has now changed, with the adoption of

the Draft Articles on the Responsibility of

States for Internationally Wrongful Acts

("Draft Articles") by the International Law

Commission (ILC) in August 2001.

The Draft Articles are a

combination of codification and

progressive development. They

have already been cited by the

International Court of Justice and

have generally been well received.

Although the articles are general in

coverage, they do not necessarily apply in

all cases. Particular treaty regimes, such

as the General Agreement on Tariffs and

Trade and the European Convention on

Human Rights, have established their

own special rules of responsibility.

6.2 state responsibility6.2 state responsibility6.2.1 definition6.2.1 definition

Traditionally, Traditionally, the term "state responsibility" referred only to state the term "state responsibility" referred only to state responsibility for injuries to aliens. It included not only "secondarresponsibility for injuries to aliens. It included not only "secondary" issues such as attribution and remedies, but also the primary ry" issues such as attribution and remedies, but also the primary rights and duties of states.ights and duties of states.

For example the asserted

international standard of

treatment and the right of

diplomatic protection.

6.2.2 the traditional focus on Early

efforts by the League of Nations and

private bodies to codify the rules of

"state responsibility" reflected the

traditional focus on responsibility for

injuries to aliens.

The League's 1930 Codification

Conference in The Hague was able

to reach an agreement only on

"secondary" issues such as

imputation, not on substantive rules

regarding the treatment of aliens

and their property.

6.2.3 trends

It took nearly 45 years, more than thirty r

eports, and extensive work by five Special

Rapporteurs in order for the Internationa

l Law Commission to reach agreement on

the final text of the Draft Articles as a wh

ole, with commentaries.

At the same time, the customary international

law of state responsibility concerning matters

such as detention and physical ill-treatment of

aliens and their right to a fair trial has been

rendered less important than formerly by the

development of international human rights law,

which applies to all individuals, whether aliens

or nationals.

The concept of a general regime of

legal responsibility, which the rules of

state responsibility have taken on, is

an inception of the civil law system

and is largely foreign to the common

law tradition.

6.2.4 Draft Articles

The final text of the Draft Articles was

adopted by the ILC in August 2001,

bringing to completion one of the

Commission's longest running and

most controversial studies.

On 12 December 2001, the United

Nations General Assembly adopted

resolution 56/83, which "commended

[the articles] to the attention of

Governments without prejudice to the

question of their future adoption or

other appropriate action."

Crawford notes that the rules are

"rigorously general in character,“

encompassing all types of

international obligations.

6.2.5 fault

Objective responsibility

Subjective responsibility

The Corfu Channel Case (United The Corfu Channel Case (United Kingdom of Great Britain and Kingdom of Great Britain and Northern Ireland v. People's Northern Ireland v. People's

Republic of Albania)Republic of Albania)On 22 October 1946, two British destroyers hit sea-On 22 October 1946, two British destroyers hit sea-

mines in Albanian waters at the straits of Corfu, mines in Albanian waters at the straits of Corfu, damaging them and killing naval personnel during damaging them and killing naval personnel during the Corfu Channel Incident.the Corfu Channel Incident.

The International Court of Justice ordered Albania to The International Court of Justice ordered Albania to pay the UK £843,947 in compensation. This was the pay the UK £843,947 in compensation. This was the first case brought before the ICJ.first case brought before the ICJ.

6.2.6 Internationally wrongful acts

According to the Draft Articles, an

internationally wrongful act must:

be attributable to the state under

international law; and

constitute a breach of an international

obligation of the state.

6.2.7 consequence6.2.7 consequence

An internationally wrongful act which results from the breach by a An internationally wrongful act which results from the breach by a State of an international obligation so essential for the protection State of an international obligation so essential for the protection of fundamental interests of the international community that its of fundamental interests of the international community that its breach is recognized as a crime by that community as a whole breach is recognized as a crime by that community as a whole constitutes an international crime. constitutes an international crime.

6.2.8 categories6.2.8 categories

On the basis of the rules of international law in force, an On the basis of the rules of international law in force, an international crime may result, inter alia, from: (a) a serious international crime may result, inter alia, from: (a) a serious breach of an international obligation of essential importance breach of an international obligation of essential importance for the maintenance of international peace and security, such for the maintenance of international peace and security, such as that prohibiting aggression;as that prohibiting aggression;

(b) a serious breach of an international obligation (b) a serious breach of an international obligation of essential importance for safeguarding the of essential importance for safeguarding the right of self-determination of peoples, such as right of self-determination of peoples, such as that prohibiting the establishment or that prohibiting the establishment or maintenance by force of colonial domination;maintenance by force of colonial domination;

(c) a serious breach on a widespread scale of an (c) a serious breach on a widespread scale of an international obligation of essential importance international obligation of essential importance for safeguarding the human being, such as those for safeguarding the human being, such as those prohibiting slavery, genocide and apartheid;prohibiting slavery, genocide and apartheid;

(d) a serious breach of an international obligation (d) a serious breach of an international obligation of essential importance for the safeguarding and of essential importance for the safeguarding and preservation of the human environment, such as preservation of the human environment, such as those prohibiting massive pollution of the those prohibiting massive pollution of the atmosphere or of the seas.atmosphere or of the seas.

Any internationally wrongful act which Any internationally wrongful act which is not an international crime in is not an international crime in accordance with paragraph 2 accordance with paragraph 2 constitutes an international delict.constitutes an international delict.

6. 3 international crime6. 3 international crime

6.3.1 definition

International crime may refer to:

Crime against international law

6.3.2 The four biggest areas of 6.3.2 The four biggest areas of transnational crime are:transnational crime are:

Drug traffickingDrug trafficking Arms traffickingArms trafficking Money launderingMoney laundering Smuggling of cultural artifactsSmuggling of cultural artifacts Trans-national trafficking in human beings receives a Trans-national trafficking in human beings receives a

great deal of attention by international bodies because great deal of attention by international bodies because of its particularly intimate nature.of its particularly intimate nature.

Crime against humanityCrime against humanityCrime against peaceCrime against peaceWar crimeWar crimeInternational criminal lawInternational criminal lawor it may refer to transnational crimes.or it may refer to transnational crimes.