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)
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.
You've reached the end of your free preview.
Want to read all 4 pages?
- One '14
- International Law, state responsibility, State Responsibility Problem
