PIL Session 11 WS22/23

Immunity ratione materiae…

• applies to all acts, while in office

• protects only the head of state / government

• protects every state official and applies to all official acts

• has no rational base in PIL

The Articles on State Responsibility 2001 are…

• a UN GA resolution

• a treaty under international law

• binding for the ICJ

• limited until 2025

State responsibility aims at…

• the restoration of legality

• securing state immunity

• holding individuals responsible

• forcing States to make use of the ICJ dispute settlement mechanism

What are necessary preconditions to incur state responsibility?

• extensive and quantifiable consequences of the alleged act

• breach of soft law

• breach of an international obligation

• attribution to an individual

Acts of private individuals can be attributed to the state if…

• the private conduct is directed or controlled by the state

• the private conduct is tolerated by the state

• the individual exercises elements of parental authority

• The act can never be attributed to the state

According to Article 7 ASR…

• ultra vires acts are not attributable

• ultra vires acts are also attributable

• acts of entities other than state organs are never attributable

• acts of entities other than state organs are also attributable

When a state acknowledges a breach of int'l law and adapts it as its own…

• nothing happens

• the act in question automatically becomes legal

• the breach can be attributed to the state

• the state might not have acted very wisely

Which of the following are circumstances precluding wrongfulness?

• fury, outrage and aggression

• countermeasures, force majeure and self-defense

• accident, ignorance and force mineure

• counterthreats, self-deterrence and fear

In a situation of distress an act might be rightful since…

• everyone is stressed sometimes

• an irresistible force or unforeseen event occurred

• an essential interest must be safeguarded against a grave & imminent peril

• the author's life is endangered

Countermeasures are aimed at ...

• obtaining a better economic position

• making people suffer as much as possible

• inducing the other state to comply with its duties

• increasing the power of the aggressor