Responsibility of States for Internationally Wrongful Acts
2001
Text adopted by the Commission at its fifty-third session, in 2001, and submitted to the
General Assembly as a part of the Commission’s report covering the work of that session. The
report, which also contains commentaries on the draft
articles, appears in
Yearbook of the
International Law Commission, 2001, vol. II (Part Two). Text reproduced as it appears in the
annex to General Assembly resolution 56/83 of 12 December 2001, and corrected by document
A/56/49(Vol. I)/Corr.4.
Copyright © United Nations
2005
Responsibility of States for Internationally Wrongful Acts
P
ART ONE
T
HE INTERNATIONALLY WRONGFUL ACT OF A STATE
C
HAPTER
I
G
ENERAL PRINCIPLES
Article l
Responsibility of a State for its internationally wrongful acts
Every internationally wrongful act of a State entails the international responsibility of that State.
Article 2
Elements of an internationally wrongful act of a State
There is an internationally wrongful act of a State when conduct consisting of an action or
omission:
(
a)
is attributable to the State under international law; and
(
b)
constitutes a breach of an international obligation of the State.
Article 3
Characterization of an act of a State as internationally wrongful
The characterization of an act of a State as internationally wrongful is governed by international
law. Such characterization is not affected by the characterization of the same act as lawful by internal
law.
C
HAPTER
II
A
TTRIBUTION
OF CONDUCT TO A
S
TATE
Article 4
Conduct of organs of a State
1. The conduct of any State organ shall be considered an act of that State under international law,
whether the organ exercises legislative,
executive, judicial or any other functions, whatever position it
holds in the organization of the State, and whatever its character as an organ of the central Government
or of a territorial unit of the State.
2. An organ includes any person or entity which has that status in accordance with the internal law
of the State.
Article 5
Conduct of persons or entities exercising elements
of governmental authority
The conduct of a person or entity which is not an organ of the State under article 4 but which is
empowered by the law of that State to exercise elements of the governmental authority shall be
considered an act of the State under international law, provided the person or entity is acting in that
capacity in the particular instance.
Article 6
Conduct of organs placed at the disposal of a State
by another State
The conduct of an organ placed at the disposal of a State by another State shall be considered an
act of the former State under international law if the organ is acting in the exercise of elements of the
governmental authority of the State at whose disposal it is placed.
Article 7
Excess of authority or contravention of instructions
The conduct of an organ of a State or of a person or entity empowered to exercise elements of the
governmental authority shall be considered an act of the State under international
law if the organ,
person or entity acts in that capacity, even if it exceeds its authority or contravenes instructions.