state responsibility

The rules are set out in the International Law Commission's Articles on Responsibility of States for Internationally Wrongful Acts, 2001. Every internationally wrongful act of a State entails its responsibility (Article 1). There is a wrongful act when conduct (an act or omission) is attributable to the State and breaches an international obligation (Article 2). Conduct of State organs, and of persons acting under the State's instructions or control, is attributable to it.

Circumstances precluding wrongfulness include consent, self-defence, countermeasures, force majeure, distress and necessity. The responsible State must cease the wrong and make full reparation, by restitution, compensation or satisfaction, as held in the Chorzów Factory case (PCIJ, 1928).

Example

Since the police who mistreated the foreign national were State organs, their conduct was attributable to the State and engaged its state responsibility.

In Indian law

• ILC Articles on Responsibility of States for Internationally Wrongful Acts, 2001, Articles 1 and 2
• Factory at Chorzów (PCIJ, 1928): reparation must wipe out the consequences of the wrong

See also

exhaustion of local remedies · calvo clause · restitutio in integrum

Read more in the study notes

• Sources of international law (Public International Law)
• Relationship between international law and municipal law (Public International Law)
• Recognition of States and governments (Public International Law)