The scientific-practical Law Journal
“Almanac of Law” Volume 13 (2022), 399-405 p.
Loza D. I. Concepts and Elements of International Illegal Action of the State
The article examines the concept and elements of international illegal action of the state. Doctrinal approaches to defining the concept of internationally illegal action of the state are analyzed. The importance of codification and further development of international law in the field of responsibility of states for internationally wrongful acts is noted. It is noted that due to the systematization of doctrine and judicial practice in 2001 it was possible to substantiate the latest doctrinal definition of responsibility in international law for international illegal actions of the state, which found its implementation and enshrined in the Articles of UN Resolution 56/83 of 12 December 2001. The Articles on the Responsibility of States for Internationally Wrongful Acts stipulate that every State that has committed an internationally wrongful act is liable for it. The Articles define the elements of internationally illegal actions of the state. It is noted that an internationally wrongful act of a state occurs when any conduct constituting an act or omission is a) appropriated to a state under international law; and (b) constitutes a violation of that State’s international legal obligation. Thus, the illegal behavior of the state can be both active and inaction of the state. An important role in the preparation of the Articles belongs to the Commission on International Law. Thus, the modern doctrine of the state’s responsibility in international law for international illegal acts is based on the recognition of the state’s illegal behavior in violation of the international legal obligations of this state under international law. Therefore, the issues of international legal responsibility of states for internationally wrongful acts need to be enshrined in the Universal International Convention on the Liability of States for Internationally Wrongful Acts, which will contribute to the progressive development of the law of international responsibility.
Key words: internationally illegal act of the state, responsibility of the state, International Law Commission.
1. Resolution RC / Res.6 “Crime of Aggression” of 11 June 2010 and its Annex [Electronic resourse] // Official website of the International Criminal Court. Access mode: https://asp.icc-cpi.int/iccdocs/asp_docs/Resolutions/ RC-Res.6-en.pdf.
2. Convention on the Prevention and Punishment of the Crime of Genocide, December 9, 1948 A // RES / 260 A (III). URL: https://zakon4.rada.gov.ua/laws/show/995_155.
3. UN. General Assembly. Fifty-sixth session. Resolution 56/83. Responsibility of States for internationally wrongful acts. 2001. UN Doc. A / RES / 56/83. URL: https://documents-dds-ny.un.org/ doc / UNDOC / GEN/ N01 / 477/97 / PDF / N0147797.pdf? OpenElement.
4. ITLOS. Delimitation of the maritime boundary in the Atlantic Ocean (Ghana / Côte d’Ivoire). Judgment of 23 September 2017.
5. European Court of Human Rights. Samsonov v. Russia. 16 September 2014. URL: http://hudoc.echr.coe.int/ eng?i=001-147336.
6. UN. General Assembly. Seventy-first session. Report of the Secretary-General. UN Doc. A / 71/80. URL: http://www.un.org/ga/search/ view_doc.asp?symbol=A/71/80.
7. ICSID. The Rompetrol Group N.V. v. Romania. Case No. ARB / 06/3. Award. 6 May 2013.
8. Grotius, H. (2005). The right of war and peace. Indiana: Liberty Fund, Inc., 1021.
9. Notel, G. (2002). From Dionisio Antzilotti to Roberto Ago: The Classical International Law of State Responsibility and the Traditional Primacy of a Bileteral Concertion of Inter-state Relations. European Journal of International Law, 13, 5, 1083-1098.
10. Bluntschli, J. C. (1878). The modern folk law of civilized states. Harvard: Nordlingen.
11. Hall, W. E. (1895). A Treaties on International Law. Oxford: Clarendon Press.
12. Edwin, M. B. (1928). Theoretical Aspects of the International Responsibility of States. 25, Ìay, 2018. URL: http://www.zaoer.de.
13. Document A / CN.4 / 23 (1970). Second report on State responsibility, by Mr. Roberto Ago, Special Rapporteur. The origin international responsibility. Extract form the Yearbook of the International Law Commission 1910, II, 177- 197.
14. Document A / CN.4 / 490 (1998). Special Rapporteur, State responsibility. Agenda item 2, 5-80.
15. Antonovich M. M. The concept of internationally illegal action of the state and crime under international law: a comparative aspect. Nauk. Notes of NaUKMA: Legal Sciences. 2002. V. 20. P. 29.
16. Responsibility of States for internationally wrongful acts. A selection of decisions of international courts, tribunals and other bodies. Report of the Secretary-General. 2019. UN Doc. A / 74/83.