Marchal, Lemaire and Dewez v. Mukeshimana-Ngulinzira and Others; Belgian State v. Mukeshimana-Ngulinzira and Others

2021 ◽  
Vol 195 ◽  
pp. 179-218
Keyword(s):  
United Nations ◽  
International Law ◽  
Armed Conflict ◽  
Effective Control ◽  
State Responsibility ◽  
Content Type ◽  
Peacekeeping Operations ◽  
United Nations Peacekeeping ◽  
International Law Commission ◽  
Law Commission

179State responsibility — Imputability — International Law Commission Articles on State Responsibility — International Law Commission Draft Articles on the Responsibility of International Organizations — Imputability in context of United Nations peacekeeping operations — Responsibility of troop-contributing countries — Ultimate control — Effective controlWar and armed conflict — Non-international armed conflict — United Nations — Peacekeeping — United Nations Assistance Mission for Rwanda (UNAMIR), 1993 — Rwandan genocide — The law of Belgium

5 Rules of Attribution

2020 ◽  
Author(s):  
Hobér Kaj
Keyword(s):  
United Nations ◽  
International Law ◽  
The State ◽  
State Responsibility ◽  
Final Version ◽  
Legal Principles ◽  
Form Part ◽  
Energy Charter Treaty ◽  
International Law Commission ◽  
Law Commission

This chapter focuses on the rules of attribution. The State is not responsible for all acts and omissions of its nationals, but only for those which can be attributed to the State. It is thus necessary to establish this link between the State and the person, or persons, committing an unlawful act or omission. The legal principles used to establish this link are usually referred to as rules of attribution. The rules of attribution form part of the law of state responsibility, which, to a large part, is reflected in the work of the International Law Commission (ILC) of the United Nations. At its fifty-third session in 2001, the ILC adopted its final version of the ILC Articles on Responsibility of States for Internationally Wrongful Acts. The ILC Articles are intended to cover all aspects of state responsibility under international law. The rules of attribution are laid down in Chapter II of the ILC Articles. From an Energy Charter Treaty perspective, Articles 4—8 are the most relevant ones. The central provision with respect to attribution is Article 4, which confirms the well-established principle of international law that the State is responsible for the acts of its own organs acting in the capacity of the State.

The Fortieth Session of the International Law Commission

1989 ◽  
Vol 83 (1) ◽  
pp. 153-171 ◽  
Author(s):  
Stephen C. Mccaffrey
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
State Responsibility ◽  
Draft Code ◽  
Peace And Security ◽  
The Status ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its 40th session from May 9 to July 29, 1988, under the Chairmanship of Ambassador Leonardo Díaz-González. The Commission adopted 6 articles of the Draft Code of Crimes against the Peace and Security of Mankind and 14 articles on the law of non-navigational uses of international watercourses. Substantial time was devoted to both international liability for injurious consequences arising out of acts not prohibited by international law and the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. Reports on jurisdictional immunities of states and their property and state responsibility were introduced by the special rapporteurs for those topics but were not discussed by the Commission owing to lack of time. The remaining substantive item on the Commission’s agenda, relations between states and international organizations (second part of the topic), was not considered at this session. Finally, the Commission once again devoted substantial time to reviewing its procedures and methods of work.

Disentangling ‘Effective Control’ Test for the Purpose of Attribution of the Conduct of un Peacekeepers to the States and the United Nations

2017 ◽  
Vol 86 (1) ◽  
pp. 30-67 ◽  
Author(s):  
Natalia Perova
Keyword(s):  
United Nations ◽  
International Law ◽  
Effective Control ◽  
International Court ◽  
The World ◽  
The United Nations ◽  
Unlawful Conduct ◽  
International Law Commission ◽  
Superior Responsibility ◽  
Law Commission

Despite the efforts of the United Nations (un), the world continues to hear news about un peacekeepers committing crimes in the state where they are deployed. One of the reasons is that the responsibility of the troop-contributing states for the conduct of their peacekeepers is not sufficiently recognised. In order to address the issue, this article advocates for ‘effective control’ to be interpreted as a material ability of a national contingent commander (for troop-contributing states) or un Force Commander (for the un) to prevent particular conduct (criminal act). Although representing a minority of academic views, this approach derives from superior responsibility, the International Court of Justice’s jurisprudence, is supported by the International Law Commission and in line with the un’s position and practice. Following this interpretation, the article concludes that in many instances unlawful conduct of peacekeepers will be attributed to the troop-contributing states and not only to the un.

The Forty-Seventh Session Of The International Law Commission

1996 ◽  
Vol 90 (1) ◽  
pp. 106-115
Author(s):  
Robert Rosenstock
Keyword(s):  
United Nations ◽  
International Law ◽  
State Responsibility ◽  
Draft Code ◽  
Peace And Security ◽  
State Succession ◽  
The United Nations ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its forty-seventh session from May 2 to July 20, 1995, under the chairmanship of Pemmaraju S. Rao of India. The Commission continued its work on existing topics and considered aspects of the Draft Code of Crimes against die Peace and Security of Mankind, state responsibility, and liability for injurious consequences arising out of acts not prohibited by international law. The Commission began work on the two new topics of “state succession and its impact on the nationality of natural and legal persons” (“nationality“) and “the law and practice relating to reservations to treaties” (“reservations“) and made a recommendation as to two additional topics for its future agenda.

The Forty-First Session of the International Law Commission

1989 ◽  
Vol 83 (4) ◽  
pp. 937-945 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
General Assembly ◽  
State Responsibility ◽  
Peace And Security ◽  
The Status ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its 41st session from May 2 to July 21, 1989, under the Chairmanship of Professor Bernhard Graefrath. The most noteworthy achievement of the session was the completion of work on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. The Commission referred this draft to the General Assembly with the recommendation that the Assembly convoke a diplomatic conference for the purpose of concluding a convention on the basis of the articles. Also at the 41st session, the Commission adopted three articles of the Draft Code of Crimes against the Peace and Security of Mankind and discussed reports on state responsibility, international liability for injurious consequences arising out of acts not prohibited by international law, jurisdictional immunities of states and their property, and the law of the non-navigational uses of international watercourses. A report on relations between states and international organizations was presented to the Commission but was not discussed for lack of time. Finally, the Commission once again devoted a number of meetings to reviewing its procedures and methods of work.

The Case for a Convention on State Responsibility

2014 ◽  
Vol 83 (4) ◽  
pp. 439-475 ◽  
Author(s):  
Laurence T. Pacht
Keyword(s):  
United Nations ◽  
International Law ◽  
Public Space ◽  
General Assembly ◽  
State Responsibility ◽  
Main Argument ◽  
The Public ◽  
International Law Commission ◽  
Law Commission ◽  
Do So

At the time of adopting the Articles on the Responsibility of States for Internationally Wrongful Acts, in 2001, the International Law Commission recommended, inter alia, that the General Assembly of the United Nations consider the possibility of negotiating a convention on the basis of the Articles. On four occasions, since 2001, the member states in the Sixth Committee of the General Assembly have been divided on whether to do so. Nonetheless, the most recent such debate, held in 2013, revealed a strong undercurrent of support among the states for convening a diplomatic conference to negotiate a treaty. However, this trend is not reflected in much of what has been written and argued in the public space, which has been almost entirely in opposition to a convention. The main argument for such opposition has been that a treaty negotiation would set back the development of the law either through the adoption of a flawed text or through failure to reach agreement. The present article seeks to scrutinise the viability of such a prognosis, by both responding to the arguments made against a treaty negotiation and by offering some reasons for supporting the negotiation of a convention on the responsibility of states for internationally wrongful acts.

The Forty-ninth Session of the International Law Commission

1998 ◽  
Vol 92 (1) ◽  
pp. 107-112
Author(s):  
Robert Rosenstock
Keyword(s):  
United Nations ◽  
International Law ◽  
State Responsibility ◽  
Diplomatic Protection ◽  
Working Groups ◽  
The United Nations ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its forty-ninth session in Geneva from May 12 to July 18, 1997, under the chairmanship of Professor Alain Pellet of France. The Commission concluded its first reading of a draft declaration on nationality in relation to the succession of states; adopted preliminary conclusions on a key element of the topic of reservations to treaties; and appointed new special rapporteurs for state responsibility, international liability for injurious consequences of acts not prohibited by international law, unilateral acts of states, and diplomatic protection. The Commission also established working groups on each of these topics.

State Responsibility in the Light of the New Trends of International Law

1955 ◽  
Vol 49 (3) ◽  
pp. 339-346 ◽  
Author(s):  
F. V. García-Amador
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
State Responsibility ◽  
The United Nations ◽  
International Law Commission ◽  
Regular Session ◽  
Law Commission

During its eighth regular session, the General Assembly of the United Nations considered “that it is desirable for the maintenance and development of peaceful relations between States that the principles of international law governing State responsibility be codified.” To this end, the Assembly requested the International Law Commission to undertake the codification of these principles. The Tenth Inter-American Conference, held in Caracas March 1–28, 1954, adopted a similar resolution.

The Forty-third Session of the International Law Commission

1991 ◽  
Vol 85 (4) ◽  
pp. 703-709 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
United Nations ◽  
International Law ◽  
Sierra Leone ◽  
International Organizations ◽  
General Assembly ◽  
State Responsibility ◽  
Peace And Security ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The forty-third session of the United Nations International Law Commission (ILC) was held in Geneva from April 29 to July 19, 1991, and was chaired by Ambassador Abdul Koroma of Sierra Leone. During the session, the last of the ILC’s current five-year term of office, the Commission adopted full sets of draft articles on three of the subjects on its agenda. It completed the second reading, or final adoption, of the draft on jurisdictional immunities of states and their property, and approved on first reading its articles on the law of the non-navigational uses of international watercourses, and the Draft Code of Crimes against the Peace and Security of Mankind. In its report to the General Assembly, the Commission recommended that the Assembly convene a diplomatic conference charged with concluding a convention on the basis of the draft articles on jurisdictional immunities. The drafts on watercourses and crimes were sent to governments for their comments, which the Commission requested they submit by January 1, 1993. The ILC will then give each of those drafts a second reading, taking into account the observations received from states. In addition to the progress made on these topics, the Commission considered reports on the three remaining subjects on its agenda: international liability for injurious consequences arising out of acts not prohibited by international law, relations between states and international organizations (second part of the topic) and state responsibility.

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