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•A State which aids or assists another State in the commission of an internationally wrongful act is internationally responsible for doing so if: (a) That State does so with knowledge of the circumstances of the internationally wrongful act; and (b) The act would be internationally wrongful if committed by that State. Direction and control exercised – Article 17 ILC •A State which directs and controls another State in the commission of an internationally wrongful act is internationally responsible for that act if: •A State which coerces another State to commit an act is internationally responsible for that act if: Downloaded by Ashleigh Nicolau ([email protected])
25 K.ARE THERE CIRCUMSTANCES PRECLUDING WRONGFULNESS? (DEFENCES) •A state is not liable for an act/omission that constitutes a breach of international legal obligation if it can prove the existence/application of one of the following defences: Consent – Article 20 ILC •The wrongfulness of a State’s act will be excused where a State has consented to an act performed by another State, which would otherwise constitute a breach of an obligation. -For example: Solomon Islands consented and supported deployment of Australian troops. The presence of the troops would have otherwise been illegal without the consent. Self-defence – Article 21 ILC •The wrongfulness of a State’s act will be excused where the State has acted in self-defence, in conformity with Article 51 of the UN Charter. •States are permitted to use force in act of self-defence if an armed attack occurs against them (Article 51 UN Charter). •If the State uses force in an act of self-defence, it must report this use of force immediately to the Security Council (Article 51 UN Charter). •The State must not affect the authority and responsibility of the Security Council to take action in order to maintain or restore international peace and security (Article 51 UN Charter). Countermeasures – Article 22 ILC •The wrongfulness of a State’s act will be excused where the act constitutes a countermeasure taken against a State in accordance with Articles 49-54 of ILC. •Countermeasures consist of the non-performance by one State of its international obligations in order to induce another State to comply with its own obligations (Articles 49(1) and 49(2) ILC) •A State proposing to take countermeasures must first call on the other State to comply with its obligations and then notify that State of the decision to take countermeasures and offer to negotiate with that State (Article 52 ILC) •Countermeasures must: -Not constitute a threat or use of force (Article 50(1)(a) ILC) -