To What Extent Is the Law of State Responsibility Regarding Attribution Adequate?

Abstract

This paper examines the adequacy of the doctrine of attribution in the international law of state responsibility. This examination encompasses a discussion and analysis of the International Law Commission's Draft Articles on Responsibility of States for Internationally Wrongful Acts and its Articles 8, 9, 10 and 11. Furthermore this examination will be done in the light of the Case Concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), Case Concerning the Military and Paramilitary Activities In and Against Nicaragua, Prosecutor v. Dusko Tadic (Appeal Judgement) and United States Diplomatic and Consular Staff in Tehran. Reference shall also be made to Behrami and Behrami v. France, Difference Relating to Immunity from Legal Process of a Special Repporteur, Estate of Jean-Baptiste Caire (France) v. United Mexican States and LaGrand (Provisional Measures) case.