State responsibility
Encyclopedia
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. They establish (1) the conditions for an act to qualify as internationally wrongful, (2) the circumstances under which actions of official
s, private individual
s and other entities may be attributed to the state, (3) general defences to liability and (4) the consequences of liability.
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.
. It included not only "secondary" issues such as attribution and remedies, but also the primary rights and duties of states, for example the asserted international standard of treatment and the right of diplomatic protection
. 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.
Attempts to codify and develop the rules of state responsibility have continued throughout the life of the United Nations
. It took nearly 45 years, more than thirty reports, and extensive work by five Special Rapporteurs in order for the International Law Commission
to reach agreement on the final text of the Draft Articles as a whole, 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.
The ILC's first special rapporteur on state responsibility, F.V. García Amador of Cuba
, appointed in 1955 noted, "It would be difficult to find a topic beset with greater confusion and uncertainty." García Amador attempted to return to the traditional focus on responsibility for injury to aliens but his work was essentially abandoned by the ILC when his membership ended in 1961. His successor, Roberto Ago
of Italy
, reconceptualised the ILC's work in terms of the distinction between primary and secondary rules, and also established the basic organisational structure of what would become the Draft Articles. By focusing on general rules, stated at a high level of abstraction, Ago created a politically safe space within which the ILC could work and largely avoid the contentious debates of the day. From 1969 until his election to the ICJ in 1980, Ago completed work on part 1 of the draft articles, addressing the origin of state responsibility. Most of the thirty-five articles adopted during his tenure are reflected in the final draft.
Work on the remainder of the articles proceeded slowly throughout the 1980s and early 1990s. Willem Riphagen of the Netherlands
, who served as special rapporteur to 1986, stressed that particular primary rules may specify the consequences of their breach - an idea conveyed by the articles through the recognition of lex specialis
. Gaetano Arangio-Ruiz, special rapporteur from 1988, helped clarify the consequences of breaches of international obligations. Over the next eight years, the ILC completed its first reading of parts 2 and 3.
In 1995, the United Nations General Assembly
adopted a resolution in effect pressing the Commission to make progress on the state responsibility articles and other long-pending projects. James Crawford
of Australia
, appointed as special rapporteur in 1996, approached the task pragmatically. The ILC moved rapidly through a second reading of the draft articles, adopting what it could agree on and jettisoning the rest, most notable of which was Article 19 on state crime
s and the section on dispute settlement.
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.
An internationally wrongful act which results from the breach by a State of an international obligation so essential for the protection of fundamental interests of the international community that its breach is recognized as a crime by that community as a whole constitutes an international crime. On the basis of the rules of international law in force, an international crime may result, inter alia, from:
(a) a serious breach of an international obligation of essential importance for the maintenance of international peace and security, such as that prohibiting aggression;
(b) a serious breach of an international obligation of essential importance for safeguarding the right of self-determination of peoples, such as that prohibiting the establishment or maintenance by force of colonial domination;
(c) a serious breach on a widespread scale of an international obligation of essential importance for safeguarding the human being, such as those prohibiting slavery, genocide and apartheid;
(d) a serious breach of an international obligation of essential importance for the safeguarding and preservation of the human environment, such as those prohibiting massive pollution of the atmosphere or of the seas.
4. Any internationally wrongful act which is not an international crime in accordance with paragraph 2 constitutes an international delict.
s, and non-governmental organisations play greater international roles, and as governments privatise
some traditional functions.
The state is responsible for all actions of its officials and organs, even if the organ or official is formally independent and even if the organ or official is acting ultra vires
. Persons or entities not classified as organs of the State may still be imputable, when they are otherwise empowered to exercise elements of governmental authority, and act in that capacity in the particular instance. Persons or entities not performing public functions may equally be imputable, if they in fact acted under the direction or control of the State. Where there is a breakdown of normal governmental authority and control, such as in so-called "failed states", the actions of those acting as the "government" in a de facto
sense will be acts of the state. The acts of an "insurrectional or other movement that becomes the new government of an existing state or succeeds in establishing a new state" can also be attributed to the state. This is also the case where a state acknowledges and adopts the conduct of private persons as its own.
Despite their apparent concreteness, the standards stated in some rules involve important ambiguities, and their application will often require significant fact-finding and judgment. Most rules state responsibility involving private acts already arise under primary rules. For example, environmental and human rights agreements require states to prevent abuses by private parties.
may be available to the respondent state.
These include force majeure (Article 23), distress (Article 24), state of necessity (Article 25) and counter measures (Articles 49-52), self defence (article 21) and consent (article 20).
as a whole. Articles indirectly acknowledges in a savings clause also that states may owe secondary obligations to non-state actors such as individuals or international organisations.
Second, the articles create new rights for injured states, principally, the right to invoke responsibility (Articles 42 and 48) and a limited right to take countermeasures (Articles 49-53). These rights, however, are heavily state-centred and do not deal with how state responsibility is to be implemented if the holder of the right is an individual or an organisation. The principal element of progressive development in this area is Article 48, which provides that certain violations of international obligations can affect the international community as a whole such that state responsibility can be invoked by states on behalf of the larger community. This provision picks up on the ICJ's celebrated suggestion in Barcelona Traction
that some obligations are owed erga omnes
, toward the international community as a whole.
, which could involve restitution
, compensation
, or satisfaction. Remedies will be dependent on the particular forum, such as the United Nations
, International Court of Justice
, World Trade Organisation, International Tribunal for the Law of the Sea
, International Criminal Court
, and on the purpose of reparation.
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
is held responsible
Moral responsibility
Moral responsibility usually refers to the idea that a person has moral obligations in certain situations. Disobeying moral obligations, then, becomes grounds for justified punishment. Deciding what justifies punishment, if anything, is a principle concern of ethics.People who have moral...
for a breach of an international obligation
Obligation
An obligation is a requirement to take some course of action, whether legal or moral. There are also obligations in other normative contexts, such as obligations of etiquette, social obligations, and possibly...
. 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
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, 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 official
Official
An official is someone who holds an office in an organization or government and participates in the exercise of authority .A government official or functionary is an official who is involved in public...
s, private individual
Individual
An individual is a person or any specific object or thing in a collection. Individuality is the state or quality of being an individual; a person separate from other persons and possessing his or her own needs, goals, and desires. Being self expressive...
s and other entities may be attributed to the state, (3) general defences to liability and (4) the consequences of liability.
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
International Law Commission
The International Law Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."It holds an annual session at the United Nations Office at Geneva....
(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
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
and have generally been well received.
Although the articles are general in coverage, they do not necessarily apply in all cases. Particular treaty
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
regimes, such as the General Agreement on Tariffs and Trade
General Agreement on Tariffs and Trade
The General Agreement on Tariffs and Trade was negotiated during the UN Conference on Trade and Employment and was the outcome of the failure of negotiating governments to create the International Trade Organization . GATT was signed in 1947 and lasted until 1993, when it was replaced by the World...
and the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
, have established their own special rules of responsibility.
History
Traditionally, the term "state responsibility" referred only to state responsibility for injuries to aliensAlien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
. It included not only "secondary" issues such as attribution and remedies, but also the primary rights and duties of states, for example the asserted international standard of treatment and the right of diplomatic protection
Diplomatic protection
In international law, diplomatic protection is a means for a State to take diplomatic and other action against another State on behalf of its national whose rights and interests have been injured by the other State...
. Early efforts by the League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
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
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
was able to reach an agreement only on "secondary" issues such as imputation
Imputation
Imputation can refer to:*Imputation , the concept that ignorance of the law does not excuse*Imputation , substitution of some value for missing data*Imputation , estimation of unmeasured genotypes...
, not on substantive rules regarding the treatment of aliens and their property.
Attempts to codify and develop the rules of state responsibility have continued throughout the life of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
. It took nearly 45 years, more than thirty reports, and extensive work by five Special Rapporteurs in order for the International Law Commission
International Law Commission
The International Law Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."It holds an annual session at the United Nations Office at Geneva....
to reach agreement on the final text of the Draft Articles as a whole, with commentaries. At the same time, the customary international law
Customary international law
Customary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of...
of state responsibility concerning matters such as detention and physical ill-treatment of aliens and their right to a fair trial
Right to a fair trial
The right to fair trial is an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict voided....
has been rendered less important than formerly by the development of international human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
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
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
system and is largely foreign to the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
tradition.
Codification
The topic of state responsibility was one of the first 14 areas provisionally selected for the ILC's attention in 1949. When the ILC listed the topic for codification in 1953, "state responsibility" was distinguished from a separate topic on the "treatment of aliens", reflecting the growing view that state responsibility encompasses the breach of an international obligation.The ILC's first special rapporteur on state responsibility, F.V. García Amador of Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
, appointed in 1955 noted, "It would be difficult to find a topic beset with greater confusion and uncertainty." García Amador attempted to return to the traditional focus on responsibility for injury to aliens but his work was essentially abandoned by the ILC when his membership ended in 1961. His successor, Roberto Ago
Roberto Ago
Roberto Ago was an Italian jurist. He served as a judge on the International Court of Justice from 1979 until 1995. Ago served as Professor of International Law at the Universities of Catania , Genoa , and finally Rome . He specialized in both private and public international law...
of Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, reconceptualised the ILC's work in terms of the distinction between primary and secondary rules, and also established the basic organisational structure of what would become the Draft Articles. By focusing on general rules, stated at a high level of abstraction, Ago created a politically safe space within which the ILC could work and largely avoid the contentious debates of the day. From 1969 until his election to the ICJ in 1980, Ago completed work on part 1 of the draft articles, addressing the origin of state responsibility. Most of the thirty-five articles adopted during his tenure are reflected in the final draft.
Work on the remainder of the articles proceeded slowly throughout the 1980s and early 1990s. Willem Riphagen of the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, who served as special rapporteur to 1986, stressed that particular primary rules may specify the consequences of their breach - an idea conveyed by the articles through the recognition of lex specialis
Lex specialis
Lex specialis, in legal theory and practice, is a doctrine relating to the interpretation of laws, and can apply in both domestic and international law contexts. The doctrine states that a law governing a specific subject matter overrides a law which only governs general matters...
. Gaetano Arangio-Ruiz, special rapporteur from 1988, helped clarify the consequences of breaches of international obligations. Over the next eight years, the ILC completed its first reading of parts 2 and 3.
In 1995, the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
adopted a resolution in effect pressing the Commission to make progress on the state responsibility articles and other long-pending projects. James Crawford
James Crawford (jurist)
James Crawford, SC, FBA, LLD is an academic and practitioner in the field of public international law. He is Whewell Professor of International Law at the University of Cambridge and Fellow in Law, Jesus College, Cambridge...
of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, appointed as special rapporteur in 1996, approached the task pragmatically. The ILC moved rapidly through a second reading of the draft articles, adopting what it could agree on and jettisoning the rest, most notable of which was Article 19 on state crime
State crime
In criminology, state crime is activity or failures to act that break the state's own criminal law or public international law. For these purposes, Ross defines a "state" as the elected and appointed officials, the bureaucracy, and the institutions, bodies and organisations comprising the...
s and the section on dispute settlement.
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 AssemblyUnited Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
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.
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.
An internationally wrongful act which results from the breach by a State of an international obligation so essential for the protection of fundamental interests of the international community that its breach is recognized as a crime by that community as a whole constitutes an international crime. On the basis of the rules of international law in force, an international crime may result, inter alia, from:
(a) a serious breach of an international obligation of essential importance for the maintenance of international peace and security, such as that prohibiting aggression;
(b) a serious breach of an international obligation of essential importance for safeguarding the right of self-determination of peoples, such as that prohibiting the establishment or maintenance by force of colonial domination;
(c) a serious breach on a widespread scale of an international obligation of essential importance for safeguarding the human being, such as those prohibiting slavery, genocide and apartheid;
(d) a serious breach of an international obligation of essential importance for the safeguarding and preservation of the human environment, such as those prohibiting massive pollution of the atmosphere or of the seas.
4. Any internationally wrongful act which is not an international crime in accordance with paragraph 2 constitutes an international delict.
Attribution
Before a state can be held responsible for any action, it is necessary to prove a causal connection between the injury and an official act or omission attributable to the state alleged to be in breach of its obligations. This has become an increasingly significant contemporary issue, as non-state actors such as Al Qaeda, multinational corporationMultinational corporation
A multi national corporation or enterprise , is a corporation or an enterprise that manages production or delivers services in more than one country. It can also be referred to as an international corporation...
s, and non-governmental organisations play greater international roles, and as governments privatise
Privatization
Privatization is the incidence or process of transferring ownership of a business, enterprise, agency or public service from the public sector to the private sector or to private non-profit organizations...
some traditional functions.
The state is responsible for all actions of its officials and organs, even if the organ or official is formally independent and even if the organ or official is acting ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
. Persons or entities not classified as organs of the State may still be imputable, when they are otherwise empowered to exercise elements of governmental authority, and act in that capacity in the particular instance. Persons or entities not performing public functions may equally be imputable, if they in fact acted under the direction or control of the State. Where there is a breakdown of normal governmental authority and control, such as in so-called "failed states", the actions of those acting as the "government" in a de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
sense will be acts of the state. The acts of an "insurrectional or other movement that becomes the new government of an existing state or succeeds in establishing a new state" can also be attributed to the state. This is also the case where a state acknowledges and adopts the conduct of private persons as its own.
Despite their apparent concreteness, the standards stated in some rules involve important ambiguities, and their application will often require significant fact-finding and judgment. Most rules state responsibility involving private acts already arise under primary rules. For example, environmental and human rights agreements require states to prevent abuses by private parties.
Defences
If the general elements to establish state responsibility are established, the question arises as to whether any defencesDefense (legal)
In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability...
may be available to the respondent state.
These include force majeure (Article 23), distress (Article 24), state of necessity (Article 25) and counter measures (Articles 49-52), self defence (article 21) and consent (article 20).
Consequences of breach
The breach of an international obligation entails two types of legal consequences. Firstly, it creates new obligations for the breaching state, principally, duties of cessation and non-repetition (Article 30), and a duty to make full reparation (Article 31). Article 33(1) characterises these secondary obligations as being owed to other states or to the international communityInternational community
The international community is a term used in international relations to refer to all peoples, cultures and governments of the world or to a group of them. The term is used to imply the existence of common duties and obligations between them...
as a whole. Articles indirectly acknowledges in a savings clause also that states may owe secondary obligations to non-state actors such as individuals or international organisations.
Second, the articles create new rights for injured states, principally, the right to invoke responsibility (Articles 42 and 48) and a limited right to take countermeasures (Articles 49-53). These rights, however, are heavily state-centred and do not deal with how state responsibility is to be implemented if the holder of the right is an individual or an organisation. The principal element of progressive development in this area is Article 48, which provides that certain violations of international obligations can affect the international community as a whole such that state responsibility can be invoked by states on behalf of the larger community. This provision picks up on the ICJ's celebrated suggestion in Barcelona Traction
Barcelona Traction
Barcelona Traction was a corporation that controlled light and power utilities in Spain and was incorporated in Toronto, Canada on September 12, 1911 by Frederick Stark Pearson. It was operated in Spain but was owned mostly by Belgians. The company was developed by American engineer Dannie...
that some obligations are owed erga omnes
Erga omnes
In legal terminology, erga omnes rights or obligations are owed toward all. For instance a property right is an erga omnes entitlement, and therefore enforceable against anybody infringing that right...
, toward the international community as a whole.
Reparations
If illegal actions are continuing, the state has a duty to cease. The state also has duties to make reparationReparation (legal)
In jurisprudence, reparation is replenishment of a previously inflicted loss by the criminal to the victim. Monetary restitution is a common form of reparation...
, which could involve restitution
Restitution
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...
, compensation
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
, or satisfaction. Remedies will be dependent on the particular forum, such as the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
, World Trade Organisation, International Tribunal for the Law of the Sea
International Tribunal for the Law of the Sea
The International Tribunal for the Law of the Sea is an intergovernmental organization created by the mandate of the Third United Nations Conference on the Law of the Sea. It was established by the United Nations Convention on the Law of the Sea, signed at Montego Bay, Jamaica, on December 10, 1982...
, International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
, and on the purpose of reparation.
Further reading
- Daniel Bodansky and John R. Crook, "Symposium: The ILC's State Responsibility Articles" (2002) 96 American Journal of International Law 773.http://www.asil.org/ajil/ilcsymp1.pdf
- The ILC's Draft Articles on State Responsibility http://lcil.law.cam.ac.uk/ILCSR/
- Draft Articles on Responsibility of States for Internationally Wrongful Acts http://untreaty.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf