Complicity inCommitting Internationally Wrongful Actsin the Draft Articles on Responsibility of States 2001

Document Type : Research Paper

Author

Assistant Professor of International Law, Faculty of Law, University of Tehran, (Farabi Campus), Qom, Iran

Abstract

In the international system, in some cases, states without the aid of other states are not in a position to violate their international obligations. Therefore, in violation of an international obligation there are a perpetrator state and an abetting state. On the other hand, the draft on responsibility state for internationally wrongful act 2001 is based on independent responsibility. Therefore, the question arises as to the basis for the responsibility of the assisting state in this draft? Another question is that in the event of the assumption of the responsibility of the deputy state, how much it will contribute to the loss compensation? In this article it will be noted that unlike the rules of international responsibility of state under classic international law, according to the International Law Commission, in contemporary international law, general complicity rule is accepted. Despite the valuable efforts of the International Law Commission, On the one hand, condition of joint international obligations among perpetrator state and the assisting state has caused the rule not to be general, on the other hand the legal consequences of this kind of responsibility and distribution of responsibilities between the perpetrator state and deputy state has remained vague in the draft and interpretations of the International Law Commission.
 
 

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References

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Documents
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