State Responsibility

1) What is State Responsibility?

Every State has certain obligations under International Law. A State has a capacity to perform
totality of rights and duties under the International law. Rights and duties of the States are correlated
with each other. A right of one State is Duty of another State. In case a State violates its duties as
provided by the rule of International Law, it becomes responsible for the other State having
corresponding rights as provided by the rule of International Law. State Responsibility may incur during
the time of peace or even during the time of war. The responsibility of State may be Direct or Indirect.
The aggrieved party (State) has a right to claim compensation from other State.

2) Law of State Responsibility

According to Starke. " the rules of International Law as to state responsibility concern the
circumstances in which, and the principles whereby, the Injured State becomes entitled to
redress for the damage suffered."

The law relating to State Responsibility is in a developing State and probably it may be developed to
a stages wherein states may be held responsible for the violation of International Law and International
Crimes. The State responsibility during the war has been generally accepted in Article 5 of the Hague
Convention, 1907. It provides that if a belligerent state violates rules of war, it shall be responsible for
the payment of Compensation. It shall also be responsible for all acts committed by persons forming
part of its armed forces.

3) Kinds of State Responsibility

There are two kinds of State Responsibility one is Direct State Responsibility and another is Indirect
State Responsibility. State Responsibility may incur in two ways either by the act of the State or by the
act of Individual. The responsibility of the state for its own act is called as original responsibility or direct
responsibility. and the responsibility for the acts other than its own is called as vicarious or indirect
responsibility

I) Direct Responsibility

Direct Responsibility means the responsibility of the state for its own act is called as original
responsibility or direct responsibility.
A state is a legal person and it performs its function through different organs and Agencies, and if any
wrong act is done by any one of them, the state becomes responsible directly on their behalf. The
organs and agencies of the state includes the following -

a) Executive and administrative organs -

When an act causing injury to another State is committed by the head of the Government of a
State or an official or other individuals, commanded or authorized by the head of government, a state
becomes responsible for their acts. Some Jurist of International Law called this act as "International
delinquency". Thus International delinquency may be caused by the by the higher authorities or by
subordinate officers and employees if they have been, commanded or authorized by the
former. however, the responsibility of the state for both of them will be the same.

b) Acts of judiciary -

Judiciary is independent under International Law but if the Court gives any such judgment which
is contrary to International or obligations of the State then a State is responsible.
c) Acts of members of armed forces -

A state shall be responsible for all injuries acts of members of its armed forces if the act has been
commanded or authorized by the State. But if the act is committed by the members of its armed forces
in the exercise of their official functions without the command or authorization of the state it is not
regarded as to state act and such act state is not responsible for such act.

d) Diplomatic representatives -

Diplomatic representatives enjoy immunities in the state where they are sent and are excluded
from the jurisdiction of the receiving state for their acts but a State becomes responsible for those
injuries acts which are performed by them are the command or the authorization of his home state.

e) Constituent units of Federal States -

It is a fundamental principle of international law that a federal state is responsible for the
wrongful act of its constituent units. A federal state cannot throw away its responsibility by alleging that
its constitutional power of control over them are insufficient.

II) Indirect State Responsibility

Indirect State Responsibility means the responsibility for the acts other than its own is called
as vicarious or indirect responsibility.

Indirect state responsibility is an obligation of the state to prevent its own subject as well as
foreign subject living within its territory from committing such acts which may cause injury to another
State. If any wrongful act is done by an individual or group of individuals, a State to which they belong
is held responsible for their acts. Such responsibility is called indirect responsibility. According to
Oppenheim "if State has not exercised due diligence, it can be made responsible and held
liable to pay damages(Compensation)".

For example -

Crime against foreign sovereign or Ambassadors, Offences to the flag of foreign State., Injurious
propaganda directed against a foreign State.
State responsibility arises only when the organ of the state have not exercise sufficient care in
preventing the offense.

a) State responsibility for the acts of mob violence -

A state is responsible for the harm caused to the aliens by mob violence only when it has not
made due diligence to prevent it. This Principal is uncertain ambiguous because "due diligence" to
prevent mob violence depends upon the time, to act and circumstances. If the alien person is some
officer of the foreign country then the state responsibility is more. The responsibility of state also
extends to officers or servant or the International Organisation.

b) State responsibility for the act of insurgents -

It is the responsibility of the State to try to prevent the violent act of revolutionaries.
According to Fenwick, State Responsibility for the act of insurgent is different from state responsibility
for the acts of mob violence. Calvo Doctrine has reference to state responsibility for the acts of
insurgents.