IHL in a Course on State Responsibility

1.   Introduction

• State responsibility towards non-State actors

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• International responsibility of non-State actors

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2.   Primary and secondary rules

3.   Responsibility for an internationally wrongful act and for the injurious consequences of acts that are not prohibited

4.   Subsidiarity of the general rules

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5.   Attribution of an unlawful act to a State

• State responsibility for its armed forces

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• The case of an organ overstepping its authority

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• The organ must have acted in that capacity

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• Responsibility for de facto organs

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• Responsibility for individuals acting in the absence of official authorities

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• Responsibility for acts committed by insurgents who accede to power

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6.   Responsibility for damages to private individuals: specific conditions of diplomatic protection

7.   Objective responsibility or responsibility for fault?

8.   Need for damages?

9.   Plurality of those responsible

• When aiding or assisting

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10.       Deciding on the unlawfulness of an act and the nature of the obligation violated

11.       Degrees of responsibility

•  The concept of State crime

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• Serious breaches of obligations under peremptory norms

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• Consequences of serious breaches under peremptory norms
  • Rights and obligations of third States

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12.       Circumstances precluding wrongfulness

• Self-defence

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• Existence of an armed attack

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• Necessity

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13.       Consequences of responsibility for the State

• Reparation

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14.       Implementation of responsibility

• Entitlement to invoke responsibility
  • Who is injured?

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• Counter-measures

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• Conditions of legality
  • Counter-measures must only be taken to re-establish respect for primary or secondary rules and must be stopped when the rules are respected

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15.       State responsibility in the era of globalization