Responsibility of States for internationally wrongful acts

The internationally wrongful act of a State

Legal consequences of an internationally wrongful act

Countermeasures in respect of an internationally wrongful act

(a) The internationally wrongful act has ceased and

the internationally wrongful act of an international organization

56 83. Responsibility of States for internationally wrongful acts

Responsibility of a State for its internationally wrongful acts

Elements of an internationally wrongful act of a State

62 61. Responsibility of States for internationally wrongful acts

59 35. Responsibility of States for internationally wrongful acts

Detention

Characterization of an act of a State as internationally wrongful

Illegal detention

Preventative Detention

Arbitrary detention

Arbitrary detention

Where several States are injured by the same internationally wrongful act, each injured State may separately invoke the responsibility of the State which has committed the internationally wrongful act.

Aid or assistance in the commission of an internationally wrongful act

Agenda item 139 Responsibility of States for internationally wrongful acts (continued)

Articles on the responsibility of States for internationally wrongful acts, art.

B. Pretrial detention

Arbitrary detention 114

2005 Arbitrary detention

(b) The act would be internationally wrongful if committed by that State.

Direction and control exercised over the commission of an internationally wrongful act

The State responsible for the internationally wrongful act is under an obligation

(b) The act would be internationally wrongful if committed by that State.

(b) The act would be internationally wrongful if committed by that organization.

Direction and control exercised over the commission of an internationally wrongful act

(b) the act would be internationally wrongful if committed by that organization.

(e) Countermeasures must cease immediately when the internationally wrongful act has ceased.

It wishes to receive statistical data, disaggregated by nationality and length of detention, relating to persons held under such detention, including in offshore detention centres.

What was the maximum length of time a person could be held in pre trial detention without being able to communicate with anyone outside the detention facility? The delegation had informed the Committee that when pre trial detention was extended, it became court detention rather than police detention.

Substantive issues Arbitrary detention right to take proceedings before court to challenge lawfulness of detention

Approximately 79 per cent of the overall cost for detention services relates to detention guards.

The overall criterion is always that of effective reparation for the wrongful act.

Article 12 Aid or assistance in the commission of an internationally wrongful act

Celebrating a dictator's detention

C. Children in detention

Arbitrary detention 11 114

(a) Article 16 of the articles on Responsibility of States for Internationally Wrongful Acts only considers the case that a State aids or assists another State in the commission of an internationally wrongful act.

There is also an internationally wrongful act of an international organization when it aids or assists a State or another international organization in the commission of an internationally wrongful act by that State or organization

Every internationally wrongful act of a State entails the international responsibility of that State.

See article 17 of the articles on Responsibility for Internationally Wrongful Acts which reads