State Responsibility Problem(1) - Copy.pdf - Attribution Breach (CPWs Stateresponsibility Remedy 1 trafficki

State Responsibility Problem(1) - Copy.pdf - Attribution...

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Updated State Responsibility Problem 1 A ttribution + B reach C ircumstances Precluding Wrongfulness (CPWs) State responsibility Remedy Advise M of M’s state responsibility Potential Breaches by M 1. M armed forces destroyed warehouses and truck convoys used for arms and drug trafficking = breach of prohibition on the use of force (UN Charter art 2(4) + custom: Nicaragua ) =breach of non‐intervention (UN Charter art 2(7) + custom: Nicaragua) Attribution to M? Yes: armed forces = state organ art 4 ARSIWA CPW : consent of S So no state responsibility for this breach 2. M armed forces occupied buffer zone: breach of use of force and non‐intervention as above Ugandan invasion of DRC ‘a textbook example of the first one of the definitions of this most serious and dangerous form of the illegal use of force’ in GA res 3314 defn of Aggression (Judge Simma in Armed Activities ) Attribution to M? Yes, armed forces so state organ as above CPW: until March 2017 consent art 20 ARSIWA But no consent March – June 2017 (similar to situation in DRC v Uganda where Uganda remained occupying a border zone of DRC after the DRC govt had asked it to leave.) Self‐defence? Needs to be In response to armed attack Necessary Proportionate In accordance with other legal requirements eg IHL (Caroline = custom)
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Updated State Responsibility Problem 2 Armed Activities : taking towns and airports hundreds of km from U’s border not proportionate… nor necessary so self defence likely does not apply = State Responsibility for IWA 3.
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