State Responsibility for Trafficking

Abstract

AbstractThis chapter provides a considered encapsulation of the international law principle of state responsibility. Its purpose is to show that although trafficking in persons is factually a crime committed by private persons or non-state actors, circumstances exist, under international law, upon which states can be held accountable nonetheless. These circumstances and the rules upon which a conduct becomes attributed to the state for the purpose of international responsibility are discussed in this chapter based on the work of the International Law Commission (2001) Draft Articles on the Responsibility of States for Internationally Wrongful Acts. Furthermore, this chapter uses the international human rights law principle of due diligence to argue for clear applicability of the principles of international state responsibility for acts of trafficking in persons, especially in circumstances where such acts result from non-state actors. The examination of the doctrine of state responsibility is also premised on the understanding that ordinarily, only states contain such means as to enforce and give effect to obligations emanating from customary and treaty law to which states are the chief subjects.KeywordsState ResponsibilityInternational LawILCILC Draft ArticlesICJICTYNegative ObligationsPositive ObligationsAttributionBreachLegal ConsequencesDue Diligence