Characterization of an act of a State as internationally wrongful

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

Aid or assistance in the commission of an internationally wrongful act

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

The internationally wrongful act of a State

Elements of an internationally wrongful act of a State

A State which aids or assists another State in the commission of an internationally wrongful act by the latter is internationally responsible for doing so if

A State which directs and controls another State in the commission of an internationally wrongful act by the latter is internationally responsible for that act if

The characterization of an act of a State as internationally wrongful is governed by international law. Such characterization is not affected by the characterization of the same act as lawful by internal law.

A State responsible for an internationally wrongful act is under an obligation to make restitution, that is, to re establish the situation which existed before the wrongful act was committed, provided and to the extent that restitution

3. Paragraph 2 does not apply in respect of an injury caused by an internationally wrongful act of the State of nationality of the refugee.

The international responsibility of a State which is entailed by an internationally wrongful act in accordance with the provisions of part one involves legal consequences as set out in this part.

Countermeasures in respect of an internationally wrongful act

1. The State responsible for an internationally wrongful act is under an obligation to compensate for the damage caused thereby, insofar as such damage is not made good by restitution.

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

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

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

An international organization which directs and controls a State or another international organization in the commission of an internationally wrongful act by the State or the latter organization is internationally responsible for that act if

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

Draft article 12 read as follows

1. An injured State may only take countermeasures against a State which is responsible for an internationally wrongful act in order to induce that State to comply with its obligations under part two.

Draft article 13 read as follows

1. The State responsible for an internationally wrongful act is under an obligation to give satisfaction for the injury caused by that act insofar as it cannot be made good by restitution or compensation.

An international organization which aids or assists a State or another international organization in the commission of an internationally wrongful act by the State or the latter organization is internationally responsible for doing so if

Article 13

There is an internationally wrongful act of a State when conduct consisting of an action or omission

Article 12

These articles do not apply where and to the extent that the conditions for the existence of an internationally wrongful act or the content or implementation of the international responsibility of a State are governed by special rules of international law.

These articles do not apply where and to the extent that the conditions for the existence of an internationally wrongful act of the content or implementation of the international responsibility of a State are governed by special rules of international law.

The International Law Association (ILA) stated in this regard The characterization of an act of an international organization as internationally wrongful is governed by international law.

The rights of States, natural persons, legal persons or other entities to resort under international law to actions or procedures other than diplomatic protection to secure redress for injury suffered as a result of an internationally wrongful act, are not affected by the present draft articles.

The legal consequences of an internationally wrongful act under this part do not affect the continued duty of the responsible State to perform the obligation breached.

An international organization which aids or assists a State or another international organization in the commission of an internationally wrongful act by the State or the latter organization is internationally responsible for doing so if

A State which coerces another State to commit an act is internationally responsible for that act if

An international organization which directs and controls a State or another international organization in the commission of an internationally wrongful act by the State or the latter organization is internationally responsible for that act if

(a) The act would, but for the coercion, be an internationally wrongful act of the coerced State and

Legal consequences of an internationally wrongful act

The right of the State of nationality of the members of the crew of a ship to exercise diplomatic protection is not affected by the right of the State of nationality of a ship to seek redress on behalf of such crew members, irrespective of their nationality, when they have been injured in connection with an injury to the vessel resulting from an internationally wrongful act.

Any act of torture within the meaning of this Convention shall be deemed illegal under Qatari law.

(b) The coercing international organization does so with knowledge of the circumstances of the act.

(a) it adopts a decision binding a member State or international organization to commit an act that would be internationally wrongful if taken by the former organization directly and

Responsibility of States for internationally wrongful acts

Responsibility of a State for its internationally wrongful acts

For the purposes of the present draft articles, diplomatic protection consists of the invocation by a State, through diplomatic action or other means of peaceful settlement, of the responsibility of another State for an injury caused by an internationally wrongful act of that State to a natural or legal person that is a national of the former State with a view to the implementation of such responsibility.

Articles on the responsibility of States for internationally wrongful acts, supra note 458, at art. 25(1) ( Necessity may not be invoked by a State as a ground for precluding the wrongfulness of an act not in conformity with an international obligation of that State unless ).