State Responsibility under International Law

There is a clear responsibility on states under international law which extends beyond violations by those acting on behalf of the states and its organs. Human rights are the fundamental or legal rights of every human being. These can also be considered as natural rights. It is the supreme power and duty of the state to protect these rights for every individual of their state. Human rights and human dignity perspectives nowhere distinguishes human rights for men and women. Both the genders are the gift of nature and none should be deprived of the rights and dignity they deserve. Over the years a whole network of human rights instruments has been developed to ensure the primacy of human rights. Every state in its own jurisdiction has taken up certain steps to maintain peace and security for every human being. It is the responsibility of the state that the humans in their respective states are treated with utmost dignity and without any discrimination. Human rights are the natural rights of any person born in a state. There have been establishments of various commissions, international and local conventions, bills and Acts to regulate the theory of human rights. The United Nations and likewise organizations have been working constantly to improve the dignity and respect of every person. The United Nations Human Rights Council is one of such organizations which tends to address the problems of people not getting their natural rights, denied their interests. Human rights are the basic fundamental rights designed for every individual, be it children, men, women, refugees and so on.

In India, for example, a number of non-governmental organizations have been formed for the protection of human rights. We have the governmental organizations as well working and addressing similar issues. Commissions on the Human Rights are formed both on the state and the national level of the Country. Daily there are thousands of cases being reported to the state and national commissions on human rights in India. Though the Indian Constitution incorporates the principles of human rights and just humane conditions of work for the individuals, there are a number of places especially small villages where these conditions and guidelines are tampered by the general public and even the law makers at times. These commissions then work toward the rehabilitation of the victims and to provide them with accurate justice. Even in the process of punishing or penalizing a victim for the wrongful act he has committed, the facts and principles of human rights are kept in mind while pronouncing the punishment, of course depending on the seriousness of crime.

Another example of Syria, the United Nations Human Rights Council (UNHRC) has addressed people of Syria to protect and promote the human rights amongst the citizens. Hence, the UNHRC has played and been playing a vital role in addressing the issues of human rights all over the world.

The Universal Declaration of Human Rights (UDHR) is another declaration adopted by the United Nations Organization after the Second World War to overcome the tragic loss of the war. The main motto of UDHR was to provide the war stricken people with dignity and worth. There are even organizations promoting the UDHR, vis-à-vis, International Federation for Human Rights, Amnesty International, and Youth for Human Rights International.

There even have been a lot many international human rights law working to prevent the violation of human rights in parts of the world. The Geneva Convention, European Convention on Human Rights, Convention on the Rights of the Child, International Covenant on Civil and Political Rights, etc. are some of the examples.  There also have been a number of cases on the violation of human rights, like, Velasquez Rodriguez Case¹.

Responsibility of the State:

Private actors are the entities not acting on behalf of the state government. The State is responsible for the violation done by its organs, not by the non-state actors or the private actors.

VCLT Article 11 states that, ‘the consent of a State to be bound by a treaty may be expressed by signatures, exchange of instruments constituting a treaty, ratification, acceptance, approval, or accession or by any other means if so agreed’. It also says that when a state has signed or approved a treaty it is not always bound by it. The abiding of the state to the treaties depends on the scenario.

A treaty is basically an agreement between two or more states bound to do an act.

The state, as per the ARSIWA, is under an obligation to pay full compensation to an internationally wrongful act. Also, it is under an obligation to conclude such wrongful acts and to make assurances and guarantees for such act that won’t be repeated. ARSIWA Article 1 incorporates the above.

The following is the state responsibility:

a. Breach of an International Obligation

b. Circumstances precluding wrongfulness

c. Countermeasures

d. Reparation for Injury

e. Attribution

Article 12 of ARSIWA deals with the breach of international obligation. It states that breach is committed when the act which is considered wrongful is not in accordance to how it should be.

Corfu Channel Case². Articles 20 till 26 deal with the circumstances precluding wrongfulness. It includes consent, self-defence, countermeasures in respect of an internationally wrongful act, force majeure, distress, necessity, peremptory norm/jus cogens. Countermeasure acts can only be taken up against a State which has committed an internationally wrongful act and none otherwise. As stated earlier, State is under an obligation to pay full compensation to an internationally wrongful act where injury being any damage whether material or moral.

Therefore, we can gather from the above that the State is under an obligation to reparation and has the responsibility of state actors and its organs but not for private individuals. An exception to this is when in cases the State may experience responsibility for the act done by private individuals. For example, if a foreign company or embassy does any wrongful act which in return affects the diplomatic staff of the state, it the responsibility of the State to check the wrong done and to make necessary steps.

Amnesty international is an organization that works for the protection of human rights and addresses the issues of victims of violation of human rights. It is an organization that conducts research on the violation of human rights especially with respect to the government or the state actors but it may also extend to the non-state or private actors. So we know that the State only takes up the responsibility of its own organs but in certain cases when the State is being affected by the wrongful act of the private actors, it can take up the responsibility of these non-state actors as well. Amnesty International as an organization particularly deals with the rights of women, children, minorities and indigenous rights. In many parts of the country it is generally noticed that these groups of people are denied the natural and fundamental rights so it is important for organizations like Amnesty International to work for the research and justice of such victims. It also focuses on ending torture suffered by people, abolition of death penalty, rights of prisoners of conscience and protection of human dignity. But this should be in accordance with the state and according to the seriousness of the crime committed by the person. Prisoners and people being awarded the death penalty can only sought relief to some extent. The organizations cannot go against the State to help a criminal escape his/her punishment for the crime committed.

I conclude by saying that the State is responsible for the international wrongful act done by state actors and by the non-state actors partially. There has also gradually emerged a relationship between the state and the individual responsibility for the wrongful act. Many cases including Bosnia and Herzegovina³ evolved the relationship between the state and the private actors mainly due to the evolution of International Individual criminal Responsibility. The content of international responsibility basically is that the State is responsible to make compensation to the wrongful acts. This is a way of rectifying the wrong done by the actors.

This was clear in the Belgium v/s Spain Case⁴ where the Court had stated that the distinction between the responsibilities arising out of the State wholly and from a different State should be done properly. I hold on to my perception that human rights are the natural fundamental rights of individuals which should not be denied and if need be, necessary steps should be taken to rectify the damage or the violation done by the state or non-state actors. Organizations like Amnesty International and other declarations make it easy for the people to seek justice against such violations.

Bibliography:

International Law, M Evans (3rd edition)

United Nations Human Rights Council, official website

Net Source: Wikipedia

3. [Serbia and Montenegro] 1993

4. ICJ Reports 1966, p. 3 at 32 [para33]