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 The ILCs Articles on State Responsibility A Guide

Part I Internationally wrongful acts (general principles, attribution and defences)

General Principles Every internationally wrongful act of a state entails the international
(Articles 1-3) responsibility of that state.
Attribution Can the wrongful act be attributed to the state?
(Articles 4-11) Was the act or omission by an organ of a state?
Was the act or omission by persons exercising governmental authority?
Did the state acknowledge or adopt the act?
Breach Was the act or omission a breach of an international obligation (i.e. of a
(Articles 12-15) primary rule)?
Did the obligation in question bind the state at the time the act or omission
occurred?
Defences and Excuses Are there any circumstances precluding wrongfulness?
(Articles 20-27) Was there consent to the act?
Was the state acting in self-defence?
Was the non-performance of an obligation due to circumstances entirely
outside the control of the state (i.e. was there force majeure)?
Was the state acting out of necessity?
Was act or omission in response to distress (i.e. to protect or save human
life)?
Part II The consequences of an internationally wrongful act (cessation and reparation)
General Principles The state must cease the internationally wrongful act and, if necessary, offer
(Articles 28-33) appropriate assurances and guarantees of non-repetition.
The state must make full reparation for the injury caused by the
internationally wrongful act.
Reparation for Injury Reparation may take the form of restitution (i.e. to re-establish he situation
(Articles 34-39) that existed before the wrongful act was committed), compensation or
satisfaction (i.e. declaratory relief)
Part III Giving effect to the law of state responsibility (invocation and countermeasures)
Invocation of State Was the invoking state injured?
Responsibility (i.e. was the obligation owed to the invoking state individually, or was the
(Articles 42-48) obligation owed to a group of states of which the invoking state is one, and
the breach specially affects the invoking state)
Has the injured state given notice of its claim?
Is the claim admissible?
(i.e. does the claim conform to the rules relating to nationality of claims? If
the rule of exhaustion of local remedies applies, have they been exhausted?)
If the invoking state was not injured, was the relevant obligation of an erga
omnes character allowing any state, including the invoking state, to invoke
state responsibility? (i.e. the actio popularis).
Countermeasures Can an injured state take countermeasures against a responsible state in
(Articles 49-54) order to induce that state to comply with its obligations?
Countermeasures may not involve the threat or use of force, the violation of
fundamental human rights, or obligations under peremptory norms (i.e. ius
cogens).
Part IV The outer limits of the law of state responsibility
Limits of the Law of The Articles may be excluded by a lex specialis (i.e. special and rules
State Responsibility relating to responsibility in specific circumstances).
(Articles 55-59) The Articles do not apply to the possible responsibility of international
organisations (such as the UN) for internationally wrongful acts.
The Articles do not apply to the question of the responsibility of
individuals.