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|Responsibility of States for internationally wrongful acts is a well-established concept in international law, resulting from the fact that each State has a legal personality and can bear legal obligations. The law of State responsibility is largely customary in nature; its codification is provided by the Draft Articles on the Responsibility of States for Internationally Wrongful Acts. While some of the Articles are more controversial, they are generally accepted as reflective of customary law. The law of State responsibility also applies to cyber operations and other cyber activities.
Every internationally wrongful act of a State has two elements: 1) attributability to the State under international law, and 2) breach of an international obligation of the State.
Notes and references
- James Crawford, “State Responsibility”, in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (OUP 2008), paragraph 1.
- Draft Articles on the Responsibility of States for Internationally Wrongful Acts, prepared by the International Law Commission and approved by the General Assembly resolution 56/83 of 12 December 2001.
- James Crawford, “State Responsibility”, in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (OUP 2008), paragraph 65.
- Tallinn Manual 2.0, commentary to rule 14, para. 1.
- Articles on State Responsibility, Art. 2.