ATTRIBUTION [IMPUTABILITY]ILC Draft Articles on Responsibility of State for Internationally Wrongful Acts:Article 438 | P a g e
Candace Lopez1.Theconduct of any State organ shall be considered an act of that State under international law,whether the organ exercises legislative, executive, judicial or any other functions, whateverposition it holds in the organization of the State, and whatever its character as an organ of thecentral government or of a territorial unit of the State. 2.An organ includes any person or entity which has status in accordance with the internal law ofthe State.Article 5The conduct of a person or entity which is not an organ of the State under Article 4 but which isempowered by the law of that State to exercise elements of governmental authority shall be consideredan act of the State under international law, provided the person or entity is acting in that capacity inparticular instance.Article 6Theconduct of organ placed at the disposal of a State by another State shall be considered an act offormer state under international law if the organ is acting in exercise of elements of the governmentalauthority of the State at whose disposal it is placed. Article 7The conduct of an organ of a State or of a person or entity empowered to exercise elements of thegovernmental authority shall be considered an act of the State under international law if the organ,person or entity acts in that capacity, even if it exceeds its authority or contravenes instructions.Article 8The conduct of a person or group of persons shall be considered an act of a State under international lawif the person or group of persons is in fact acting on the instructions of, or under the direction or controlof that State in carrying out the conduct. Article 9The conduct of a person or group of persons shall be considered an act of State under international lawif the person of group of persons is in fact exercising elements of the governmental authority in theabsence or default of the official authorities and in circumstances such as to call for the exercise of thoseelements of authority.Article 101.Theconduct of insurrectional movement which becomes the new government of a State shall beconsidered an act of that State under international law2.The conduct of a movement, insurrectional or other, which succeeds in establishing a new statein part of the territory of a pre-existing State or under its administration, shall be considered anact of the new State under international law.3.This article is without prejudice to the attribution to a State of any conduct, however related tothat of the movement concerned, which is to be considered an act of that State by virtue ofarticles 4-9.