STATE RESPONSIBILITY

2010
I. Introduction
Action taken by one sate sometimes results in injury to ,or outrage on the dignity and
prestige of another state under which a state is entitled to redress for wrong suffered by it
and it constitutes state responsibility of other state under International Law.
II. Meaning of State Responsibility
!he state of being answerable for an obligation
III. Defnition of State Responsibility
According to Starke, the rules of International Law as to "tate #esponsibility
concern the circumstances in which and the principles whereby, the injured state
becomes entitled to redress for the damage suffered.
According to Oppenheim, state responsibility concerning International duties
is, therefore, a legal responsibility for a state cannot abolish or create International
Law in the same way that it can abolish or create $unicipal Law.
IV. Signifcance of State Responsibility
According to Article % of &ague 'on(ention, if a state (iolates rules of war ,it shall be
responsible for the payment of compensation .it shall also be responsible for the acts
committed by person of its armed forces.
Case Reference) Chorzow Factory Case
!he *ermanent 'ourt of International +ustice held that it is a principle of International
Law that Any breach of a commitment in(ol(es an obligation to make compensation.
Case Reference) Cafu Channel Case
I'+ held that Albania is responsible for the e,plosions which occurred in -. and there is
a duty upon Albania to pay the compensation to -.
V. Categories of State Responsibility
I.For Breach Of Treaty
A state may be held responsible for (iolating any terms of the treaty
concluded under International Law.
II.For Breach Of Contractual Obligation
A state may be held responsible for redressing the damages to injured state for
its default in performing any contractual obligations.
III.For Acts Of Govt Organs against Aliens
!he state concerned has responsible for the acts performed by its representati(es
in its official capacity towards aliens.
IV.For Injuries To Aliens
!he state may be held responsible for any injury suffered to Aliens in its
territory.
V.For Acts Of Individuals
If the citi/ens of a state cause some damage or harm to an alien in that state, the
alien ha(e the right to file a suit for compensation according to the law of that
state.
VI.For Acts Of Mob Violence
0enerally state may be held responsible for mob (iolence only when it has not
made due diligence to pre(ent it.
VII.For Acts Of Insurgents
"o far as the "tate #esponsibility for the acts of insurgents is concerned, the
general rule is that, it is the duty of the state to try pre(enting the (iolent acts of
re(olutionaries.
VI. Consequences of State Responsibility
Compensation /Damages
!he state may be held responsible to pay compensation or damages to the injured
state for the redresal of its wrong.
Indemnity
!he state can be held responsible to indemnify the injured state in a situation
where it was before the happening of that injury.
Satisfaction
!he state can do anything to satisfy the injured state for the redressal of the injury.
VII.Conclusion