the internationally wrongful act of an international organization

The internationally wrongful act of a State

Characterization of an act of a State as internationally wrongful

The characterization of an act of a State as internationally wrongful is governed by international law. Such characterization is not affected by the characterization of the same act as lawful by internal law.

Legal consequences of an internationally wrongful act

Elements of an internationally wrongful act of a State

There is also an internationally wrongful act of an international organization when it aids or assists a State or another international organization in the commission of an internationally wrongful act by that State or organization

Responsibility of States for internationally wrongful acts

Responsibility of a State for its internationally wrongful acts

The State responsible for the internationally wrongful act is under an obligation

(b) The act would be internationally wrongful if committed by that State.

(b) The act would be internationally wrongful if committed by that organization.

Every internationally wrongful act of a State entails the international responsibility of that State.

56 83. Responsibility of States for internationally wrongful acts

59 35. Responsibility of States for internationally wrongful acts

62 61. Responsibility of States for internationally wrongful acts

A breach may also consist in an action that is inconsistent with what the international organization is required to do, or not to do, under international law.

(a) The internationally wrongful act has ceased and

It is that State which commits an internationally wrongful act, although in the case of coercion wrongfulness could be excluded, while the other State is held responsible not for having actually committed the wrongful act but for its causal contribution to the commission of the act.

Whether an omission on its part therefore constituted an internationally wrongful act would fundamentally depend on whether it was explicitly obliged under international law to take action.

The breach of an international obligation by an international organization through a series of actions and omissions defined in aggregate as wrongful, occurs when the action or omission occurs which, taken with the other actions or omissions, is sufficient to constitute the wrongful act.

There is an internationally wrongful act of a State when conduct consisting of an action or omission

Countermeasures in respect of an internationally wrongful act

Aid or assistance in the commission of an internationally wrongful act

(a) Article 16 of the articles on Responsibility of States for Internationally Wrongful Acts only considers the case that a State aids or assists another State in the commission of an internationally wrongful act.

15. The division of violations of international law into international crimes and other breaches of international law arose after the Second World War.

(a) That organization does so with knowledge of the circumstances of the internationally wrongful act and

An international organization which directs and controls a State or another international organization in the commission of an internationally wrongful act by the State or the latter organization is internationally responsible for that act if

(b) The act would be internationally wrongful if committed by that organization.

(b) the act would be internationally wrongful if committed by that organization.

The principle of international law which, under certain circumstances, protects the representatives of a State, cannot be applied to acts which are condemned as criminal by international law.

(b) The act would be internationally wrongful if committed by that organization.

The draft articles on the topic employed a number of concepts, such as international crimes, the distinction between international crimes and international delicts, and the ranking of unlawful acts of States, on which there was as yet no consensus.

There would be no reason for distinguishing, for the purposes of international responsibility, between the case, for instance, of a State aiding another State and that of an organization aiding another organization or a State in the commission of an internationally wrongful act.

A State which directs and controls another State in the commission of an internationally wrongful act by the latter is internationally responsible for that act if

For example, it is considered virtually to be beyond all question that violations of international law are subdivided into international crimes and ordinary violations of international law.

Direction and control exercised over the commission of an internationally wrongful act

Direction and control exercised over the commission of an internationally wrongful act

A State which aids or assists another State in the commission of an internationally wrongful act by the latter is internationally responsible for doing so if

Mexico was of the view that the function of the draft, as an engine of development of international law on State responsibility for internationally wrongful acts, was not complete.

Agenda item 139 Responsibility of States for internationally wrongful acts (continued)

11. A number of serious violations of international law and breaches of the international legal order have been recognized as international crimes.

(a) Is attributable to the State under international law and

Where several States are injured by the same internationally wrongful act, each injured State may separately invoke the responsibility of the State which has committed the internationally wrongful act.

(10) The breach of an international obligation on the part of an international organization does not affect the possibility that its member States also incur responsibility according to the articles on responsibility of States for internationally wrongful acts.