Codification Division Publications: United Nations Legislative Series Codification Division Publications: United Nations Legislative Series

Book 25: Materials on the Responsibility of States for Internationally Wrongful Acts (2012)

Complete PDF View PDF file
Table of Contents Page
Foreword View PDF file
Explanatory Note View PDF file
Abbreviations View PDF file
Responsibility of States for internationally wrongful acts View PDF file
Part One. The internationally wrongful act of a State View PDF file
  Chapter I. General principles View PDF file
    Article 1. Responsibility of a State for its internationally wrongful acts 7
    Article 2. Elements of an internationally wrongful act of a State 12
    Article 3. Characterization of an act of a State as internationally wrongful 19
  Chapter II. Attribution of conduct to a state View PDF file
    Article 4. Conduct of organs of a State 31
    Article 5. Conduct of persons or entities exercising elements of governmental authority 51
    Article 6. Conduct of organs placed at the disposal of a State by another State 59
    Article 7. Excess of authority or contravention of instructions 62
    Article 8. Conduct directed or controlled by a State 70
    Article 9. Conduct carried out in the absence or default of the official authorities 82
    Article 10. Conduct of an insurrectional or other movement 85
    Article 11. Conduct acknowledged and adopted by a State as its own 92
  Chapter III. Breach of an international obligation View PDF file
    Article 12. Existence of a breach of an international obligation 98
    Article 13. International obligation in force for a State 105
    Article 14. Extension in time of the breach of an international obligation 110
    Article 15. Breach consisting of a composite act 121
  Chapter IV. Responsibility of a state in connection with the act of another State View PDF file
    Article 16. Aid or assistance in the commission of an internationally wrongful act 129
    Article 17. Direction and control exercised over the commission of an internationally wrongful act 134
    Article 18. Coercion of another State 138
    Article 19. Effect of this Chapter 140
  Chapter V. Circumstances precluding wrongfulness View PDF file
    Article 20. Consent 145
    Article 21. Self-defence 148
    Article 22. Countermeasures in respect of an internationally wrongful act 150
    Article 23. Force majeure 154
    Article 24. Distress 161
    Article 25. Necessity 167
    Article 26. Compliance with peremptory norms 186
    Article 27. Consequences of invoking a circumstance precluding wrongfulness 189
Part Two. Content of the international responsibility of a State View PDF file
  Chapter I. General principles View PDF file
    Article 28. Legal consequences of an internationally wrongful act 196
    Article 29. Continued duty of performance 197
    Article 30. Cessation and non-repetition 199
    Article 31. Reparation 206
    Article 32. Irrelevance of internal law 216
    Article 33. Scope of international obligations set out in this Part 218
  Chapter II. Reparation for injury View PDF file
    Article 34. Forms of reparation 221
    Article 35. Restitution 225
    Article 36. Compensation 231
    Article 37. Satisfaction 249
    Article 38. Interest 253
    Article 39. Contribution to the injury 258
  Chapter III. Serious breaches of obligations under peremptory norms of general international law View PDF file
    Article 40. Application of this Chapter 264
    Article 41. Particular consequences of a serious breach of an obligation under this Chapter 267
Part Three. The implementation of the international responsibility of a State View PDF file
  Chapter I. Invocation of the responsibility of a state View PDF file
    Article 42. Invocation of responsibility by an injured State 274
    Article 43. Notice of claim by an injured State 280
    Article 44. Admissibility of claims 283
    Article 45. Loss of the right to invoke responsibility 288
    Article 46. Plurality of injured States 292
    Article 47. Plurality of responsible States 294
    Article 48. Invocation of responsibility by a State other than an injured State 298
  Chapter II. Countermeasures View PDF file
    Article 49. Object and limits of countermeasures 309
    Article 50. Obligations not affected by countermeasures 316
    Article 51. Proportionality 324
    Article 52. Conditions relating to resort to countermeasures 329
    Article 53. Termination of countermeasures 333
    Article 54. Measures taken by States other than an injured State 334
Part Four. General provisions View PDF file
    Article 55. Lex specialis 340
    Article 56. Questions of State responsibility not regulated by these articles 344
    Article 57. Responsibility of an international organization 346
    Article 58. Individual responsibility 349
    Article 59. Charter of the United Nations 352
ANNEX I. Text of the articles View PDF file
ANNEX II. Table of cases arranged according to the articles View PDF file
ANNEX III. Alphabetical listing of cases View PDF file