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Notes + working group effects week 6 Public International Law

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Notes and working group results from week 6 of the Public International Law course. The teacher's correction is in bold.

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  • April 3, 2023
  • 8
  • 2022/2023
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CLASS 6 – STATE RESPONSIBILITY

Overview Literature:
Henriksen, Chapter 7
Cases:
- ICJ, Tehran Hostages Case.
Other materials:
- Articles on the Responsibility of States for Internationally Wrongful Acts;
- Knowledge clip for class 5;
- Press Release “Government apologises for the Netherlands’ role in the history of
slavery”

Learning objectives: At the end of this class, students:
- Understand the legal status of the Articles on Responsibility of States for
Internationally Wrongful Acts;
- Know which three elements must be fulfilled for the determination of an
internationally wrongful act for which a state could possibly be held responsible;
- Are able to determine whether certain violations of international law can be
attributed to a state;
- Are able to distinguish the forms of reparation provided for in the ARSIWA;
- Can distinguish the various circumstances precluding wrongfulness contained
in the ARSIWA;
- Understand which measures can be taken against states that violate their
obligations under international law.

, Notes
Art 2 ARSIWA Phase 1: Phase 2: Act  Question 1 Question 2
(elements) omission  acknowledgem
failing to ent
protect the
embassy
Issue: Act or Omission: Act: attack A: act  attack
omission  Iranian officials against the and prolonging
look what’s not taking any embassy, hostages
given in the measures to taking hostages situation
context prevent attack and prolonging B: omission 
their detention insufficient
protection
Attributable Article 4 Article 11, yes: Yes: organ of the Art. 5 ARSIWA
 art. Yes, conduct of states adopted state - Monopoly
4,5,6,7,8,11 state organs the acts as track
their own - Wage War
 Activity
WIC
attributable to
the Netherlands
Breach of Yes, obligation Yes, obligation Yes: obligation Jus cogens
international to protect the to protect the protect an
obligation  embassy from embassy from embassy
art. 12 intrusion, intrusion,
article 22 article 22
Vienna Vienna
Convention on Convention on
Diplomatic Diplomatic
Relations Relations

Difference art 7&8 and 11: Retrospect? Took place after the events occurred.

Primary and secondary rules
Primary rules
- Define rights and obligations upon subjects of international law
- Define the conduct which is required from States (to do something or abstain
from doing something)
 E.g. rules on immunity: refrain from exercising jurisdiction

Secondary rules
- Determine the consequences of a breach of a primary obligation
 Rules on state responsibility are secondary rules
 E.g. the consequence of failing to respect immunity

How to establish state responsibility?
- Source:
International Law Commission, Responsibility of States for Internationally
Wrongful Acts (ARSIWA) – reflect customary law
- Article 1: ‘Every internationally wrongful act of a state entails the
international responsibility of that state’
- Article 2: 3 elements of internationally wrongful act
1. An act or omission
2. Attributable to the state
3. Constituting a violation of international law

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