Tanggung Jawab Negara

Summary

This video lecture explores the concept of State Responsibility in international law, explaining how nations are accountable for breaches of international obligations. It draws parallels with national law, where states are liable for actions of their individuals under certain conditions. The lecture covers key topics such as the requirements for state responsibility, notable international cases, exceptions to liability, and the concept of erga omnes obligations. It also examines the practical implications of accountability, including restitution, reparations, and satisfaction, highlighting the complexity and importance of international legal responsibility.

Takeaways

• 😀 State responsibility in international law is akin to individual legal accountability in national law. States, as primary subjects of international law, have both rights and obligations.
• 😀 For a state to be held responsible internationally, there must be an international obligation, a violation of that obligation, and the violation must be attributable to the state.
• 😀 International obligations can arise from treaties or customary international law, and are not always written. Customary practices may also establish legal duties for states.
• 😀 The International Law Commission (ILC) drafted the 2001 Articles on State Responsibility, which provides a framework for determining state responsibility in cases of international wrongful acts.
• 😀 A wrongful act by a state must be attributable to it in order for the state to incur international responsibility. This attribution can include actions by individuals within the state if the state is complicit or negligent.
• 😀 The Corfu Channel Case (1949) and the US Diplomatic and Consular Staff in Tehran Case (1979) serve as examples where states were held responsible for international law violations, highlighting state accountability in both direct and indirect circumstances.
• 😀 Exemptions to state responsibility exist, such as self-defense (e.g., if a state is attacked), necessity (e.g., for the protection of vital interests), and countermeasures (e.g., proportional responses to violations by other states).
• 😀 Jus Cogens violations are considered serious breaches of fundamental international norms. In such cases, all states have the right to demand accountability, not just the affected state.
• 😀 Forms of state responsibility include restitution (restoring the status quo), compensation (providing reparations), and ensuring the state does not repeat the wrongful act in the future (guarantee of non-repetition).
• 😀 State responsibility under international law is not about punitive actions like imprisonment, but rather about providing remedies for violations through restitution, compensation, and corrective measures.

Q & A

What is the concept of state responsibility in international law?

State responsibility refers to the accountability of a state for violating its international obligations. Just like individuals have rights and obligations under national law, states have responsibilities in the international community. When a state breaches its duties, it can be held liable by other states.

How is state responsibility in international law similar to responsibility in national legal systems?

In both systems, there are rights and obligations. Just as individuals in national law can be held accountable for their actions, states in international law can be held accountable for breaching their international obligations, which can result in legal consequences.

What are the key requirements for a state to be held responsible under international law?

The key requirements include: 1) The existence of an international obligation, 2) A violation of that obligation by the state, and 3) Attribution of the violation to the state, making it subject to international accountability.

Can individual actions in a state lead to international responsibility for that state?

Not necessarily. While individual actions can sometimes result in state responsibility, the violation must be attributed to the state. For instance, if an individual action is considered to be a reflection of the state's conduct, the state may be held responsible.

What are some examples of cases where state responsibility has been invoked?

Two notable examples are the *Corfu Channel Case* (1949), where Albania was held responsible for laying mines in international waters, and the *US Diplomatic and Consular Staff in Tehran* case (1980), where Iran was held accountable for failing to protect the US embassy during the hostage crisis.

What is the role of the injured state in holding a responsible state accountable?

The injured state, or the state that is harmed by the violation, has the right to demand accountability and seek remedies such as compensation or cessation of the unlawful action.

What legal sources can international obligations be derived from?

International obligations can arise from treaties between states, customary international law (unwritten norms), and other sources of international law. This can include agreements, conventions, and customary practices that have developed over time.

Are there exceptions that can absolve a state from international responsibility?

Yes, there are exceptions such as self-defense, where a state acts to protect itself from an armed attack, or actions taken under necessity, which may justify certain breaches of international obligations. However, these exceptions have strict legal limitations.

What are peremptory norms (ius cogens) in international law?

Peremptory norms, or ius cogens, are fundamental principles of international law that are universally recognized and cannot be violated. Violations of these norms are considered serious breaches, and all states have a legal interest in ensuring they are respected.

How does the concept of *erga omnes* obligations impact state responsibility?

Erga omnes obligations refer to duties that a state owes to the international community as a whole, not just to specific states. In the case of serious violations of ius cogens, any state may claim a legal interest in the violation and demand that the responsible state cease its actions or provide reparations.