State Responsibility

State responsibility is one of the fundamental principles of International Law.  It arises out of the international legal system and the principles of State sovereignty and equality of States. It implies that if a State commits an internationally wrongful (unlawful) act against another State, it will be internationally responsible for reparation.

State responsibilities are the principles governing when and how a state is held responsible for a breach of an international obligation. State responsibility is a cardinal institution of international law. It results from the general legal personality of every State under international law, and from the fact that States are the principal bearers of international obligations. Moreover just as the law of State treaties is applied by analogy to the treaties of other international persons so State responsibility provides the frame of reference for considering other forms of international responsibility, in particular the responsibility of international organizations. 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. They establish

(1) the conditions for an act to qualify as internationally wrongful,

(2) the circumstances under which actions of officials, private individuals and other entities may be attributed to the state,

 (3) general defences to liability and

(4) the consequences of liability.

the underlying concepts of State responsibility attribution, breach, excuses, and consequences are general in character. Individual treaties or rules may vary these underlying concepts in some respect; otherwise they are assumed and apply unless excluded. These standard assumptions of responsibility, on the basis of which specific obligations of States exist and are applied, were examined by the International Law Commission (ILC) over more than 40 years. 

Basic Elements: State responsibility is founded on three basic elements.

╣The first element is the existence of an international legal obligation in force between the concerned States.

╣ The second is the occurrence of a wrongful act or the omission of an act in violation of such an obligation, which is imputable to the State.

 ╣The third is that loss or damage has resulted from such wrongful act or omission.

These three elements are the requirements of establishing the responsibility of the State, which have been made in a number of leading international legal cases and reiterated by the ILC “Articles”.  The “Articles” provides that every internationally wrongful act (a delict) of a State entails responsibility.  It defines internationally wrongful act as a conduct consisting of an action or omission attributable to the State under International Law and constitutes a breach of an international obligation of the State.  A breach of an international obligation is defined as an act which is not in conformity with what is required of the State by that obligation, regardless of its origin or character. International Law does not distinguish between contractual (conventional) and tortious responsibility. International responsibility relates both to breaches of treaty and to other breaches of legal duty. Any violation by a State of any obligation of whatever origin or character gives rise to State responsibility and consequently to the duty of reparation.  Reparation therefore is the indispensable complement of a failure of a State to apply any of its obligations.

Legal Consequences: A State is responsible for its international wrongful act. This responsibility entails certain legal consequences on that State.  The first consequence is the cessation of the wrongful act, and the second is the reparation.

A.  Cessation of the Wrongful Act: The first legal consequence of State responsibility under International law is that the wrongdoing State is obliged to cease the wrongful act, if it is continuing, and to offer appropriate assurances and guarantees on non- repetition.

B.  Reparation: The second legal consequence resulting from State responsibility for international wrongful act is that the wrongdoing state is under a duty to remedy its acts.  The injured State is entitled for full reparation in form of restitution in kind, compensation and satisfaction, either singly or in combination.