Bosnia Genocide Case
Attribution of Conduct: Whether VRS can be considered agent acting on behalf of Government of Serbia. In order for Serbia to be liable for the committing the genocide.
Circumstances Precluding Wrongfulness.
Defences that can be invoked by the state that committing wrongful act. A few defences can be invoked as stated in draft article.
Legal Consequences of Internationally Wrongful Acts
1. Reparation, what are the modes of reparation can be conferred to victim state. 2. Genocide Case. The court held that there is a breach of genocide convention as failure of Serbia duty to prosecute the perpetrator who commit the crime. Court only awarded compensation in the form of satisfaction because there was no actual damage suffered by Bosnia. 3. If no monetary compensation can be given, so can use satisfaction to the victim state as no actual damage.
Serious Breaches of Preemptory Norm
Article 53 of VCLT, norm of Jus Cogen.
Invocation of the Responsibility of a State.
Refer to the first lecture, it is one of the measure to enforce IL. Draft article on State Responsibility provide the limit. One of it is countermeasures must be proportionate. Example, counter measures by Slovakia when they decided to construct variancy (another water way). This is pertaining to the failure of Hungary to construct a damn. Court held that, counter measures perform by Slovakia is not proportionate.
Treatment of Aliens
Corfu Channel Case
Involves Albania and United Kingdom. On 22 October 1946, 2 British cruisers and 2 destroyers (neighbor warship belonged to the British government) Warship entered into North Corfu Street located in Albanian territory water. 4 ships entered into Albanian territory water and apparently one destroyer struck the mine and it damages mine planted. Another ship also being destroyed another mine. 45 British officers and sailors died and 42 other injured. 1. British initiated action against Albania on the basis that Albania failed to adhere to the principle of maritime law (failure of Albania to inform British about the existence of the mine being placed on the territory water) 2. British also alleged that Albania also failed to adhere to the principle of IL in which a state not used its territory contrary to the right of others. Court found in favor of British, the court order Albania to pay damages amounting to 1 million pound sterling to British.
If breach of treaty or customary law, victim state can invoke the principle of state responsibility that committed the wrongful act. This derived from Article 1 of ILCDA on SR.
“Every internationally wrongful act of a state entails the international responsibility of that state. Direct (state v state)| Indirect (state foreign nationals)| Violation of provision in treaty or general international law| Deemed to have injured the state nationality of the foreigner.| Example, use of force in Nicaragua CaseNicaragua alleged Us that Us assisting a contras to topel government of Nicaragua.Attacking Nicaragua=use of force = breach Article 2 Para 4(breach of treaty law and CIL)| Breach of international minimum standard when treating the foreigners-Refer to the diplomatic protection-The victim is national of another state-Because non national being treated badly.-Standard of treatment is (international minimum standard)|
Breach of human right instrument, that would tantamount to international minimum standard. When a non national was treated badly by a state, it is breach of minimum standard. The basis why state can invoke action, is because, the injuries suffered by national was indirect injury suffered by the state itself. This is important to distinguish for the extortion of local injuries. 1.Indirect breach = extortion of local injuries must be fulfilled. 2.Direct breach = no need for...