State responsibility is a foundational concept in international law. It refers to the legal accountability of a state when it commits an internationally wrongful act or violates its international obligations.
When a state breaches a rule of international law — such as violating a treaty, breaching diplomatic norms, or causing harm to another state or its citizens — it may be held responsible. This principle ensures that international law remains enforceable and not merely aspirational.
What Constitutes an Internationally Wrongful Act?
An internationally wrongful act has two essential elements:
- Breach of an International Obligation
The act must violate an existing legal duty — for example, violating a treaty, committing aggression, or breaching environmental obligations. - Attribution to the State
The act must be carried out by an organ of the state (government officials, military, etc.) or an entity acting under its authority or control.
Examples of State Responsibility
- A state pollutes an international river that flows into a neighboring country.
- A government detains a foreign diplomat in violation of the Vienna Convention.
- A country fails to prevent genocide or war crimes on its territory.
In all these cases, the injured state or affected party can hold the responsible state accountable under international law.
Legal Consequences of State Responsibility
When a state is found responsible, it must:
- Stop the wrongful act immediately
- Offer assurances of non-repetition
- Provide full reparation, which may include:
- Restitution: Restoring the situation to how it was before
- Compensation: Financial payment for damages caused
- Satisfaction: Acknowledgment of wrongdoing, apology, or symbolic gestures
Codification by the International Law Commission (ILC)
The International Law Commission (ILC) has codified the rules on state responsibility through the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA). These articles serve as authoritative guidance for determining liability in disputes between nations.
Importance of State Responsibility
State responsibility maintains the balance of rights and duties among nations. It discourages violations of international rules by ensuring there are consequences. This promotes stability, accountability, and peaceful resolution of disputes in the global legal order.
