State responsibility

Definition

State responsibility
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.^[1] 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.^[2] While some of the Articles are more controversial, they are generally accepted as reflective of customary law.^[3] The law of State responsibility also applies to cyber operations and other cyber activities.^[4] 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.^[5]

↑ 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.