Breach of an international obligation
Definition
A breach of an international obligation, the term chosen by the drafters of the Articles on State Responsibility,[1] is the second necessary condition for a State’s responsibility for an internationally wrongful act. International obligations arise from primary rules of international law: treaties and substantive customary law.[2]
Fault, such as intention or negligence, is not a necessary element of a breach of an international obligation, unless there exists such a requirement in the primary law that is breached.[3]
A cyber-related action or omission by a State can constitute a breach of its international obligation.[4]
Appendixes
See also
Notes and references
- ↑ Articles on State Responsibility with Commentaries, commentary to Art. 2, para. 7.
- ↑ Articles on State Responsibility with Commentaries, General commentary, paragraph 1.
- ↑ Articles on State Responsibility with Commentaries, commentary to Art. 2, para. 10.
- ↑ For a detailed discussion of a breach of an international obligation by a cyber-related act, see rule 14 of Tallinn Manual 2.0 and commentary 2-11 thereto.
Bibliography and further reading
- MN Schmitt (ed), Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations (CUP 2017)
- Etc.
External links
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