6. State responsibility 6.1 The laws of state responsibility 6.1.1 definition The laws of state responsibility are the principles governing when and how a state is held responsible for a breach of an international obligation.

Rather than set forth any particular obligations, the rules of state responsibility determine, in general, when an obligation has been breached and the legal consequences of that violation.

In this way they are "secondary" rules that address basic issues of responsibility and remedies available for breach of "primary" or substantive rules of international law, such as with respect to the use of armed force. Because of this generality, the rules can be studied independently of the primary rules of obligation.

6.1.2 They establish (1) the conditions for an act to qualify as internationally wrongful,

(2) the circumstances under which actions of officials, private individuals and other entities may be attributed to the state.

(3) general defences to liability (4) the consequences of liability.

6.1.3 development Until recently, the theory of the law of state responsibility was not well developed. The position has now changed, with the adoption of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts ("Draft Articles") by the International Law Commission (ILC) in August 2001.

The Draft Articles are a combination of codification and progressive development. They have already been cited by the International Court of Justice and have generally been well received.

Although the articles are general in coverage, they do not necessarily apply in all cases. Particular treaty regimes, such as the General Agreement on Tariffs and Trade and the European Convention on Human Rights, have established their own special rules of responsibility.

6.2 state responsibility 6.2.1 definition Traditionally, the term "state responsibility" referred only to state responsibility for injuries to aliens. It included not only "secondary" issues such as attribution and remedies, but also the primary rights and duties of states.

For example the asserted international standard of treatment and the right of diplomatic protection.

6.2.2 the traditional focus on Early efforts by the League of Nations and private bodies to codify the rules of "state responsibility" reflected the traditional focus on responsibility for injuries to aliens.

The League's 1930 Codification Conference in The Hague was able to reach an agreement only on "secondary" issues such as imputation, not on substantive rules regarding the treatment of aliens and their property.

6.2.3 trends It took nearly 45 years, more than thirty reports, and extensive work by five Special Rapporteurs in order for the International Law Commission to reach agreement on the final text of the Draft Articles as a whole, with commentaries.

At the same time, the customary international law of state responsibility concerning matters such as detention and physical ill-treatment of aliens and their right to a fair trial has been rendered less important than formerly by the development of international human rights law, which applies to all individuals, whether aliens or nationals.

The concept of a general regime of legal responsibility, which the rules of state responsibility have taken on, is an inception of the civil law system and is largely foreign to the common law tradition.

6.2.4 Draft Articles The final text of the Draft Articles was adopted by the ILC in August 2001, bringing to completion one of the Commission's longest running and most controversial studies.

On 12 December 2001, the United Nations General Assembly adopted resolution 56/83, which "commended [the articles] to the attention of Governments without prejudice to the question of their future adoption or other appropriate action."

Crawford notes that the rules are "rigorously general in character,“ encompassing all types of international obligations.

6.2.5 fault Objective responsibility Subjective responsibility

The Corfu Channel Case (United Kingdom of Great Britain and Northern Ireland v. People's Republic of Albania) On 22 October 1946, two British destroyers hit sea-mines in Albanian waters at the straits of Corfu, damaging them and killing naval personnel during the Corfu Channel Incident. The International Court of Justice ordered Albania to pay the UK £843,947 in compensation. This was the first case brought before the ICJ.

6.2.6 Internationally wrongful acts According to the Draft Articles, an internationally wrongful act must: be attributable to the state under international law; and constitute a breach of an international obligation of the state.

6.2.7 consequence An internationally wrongful act which results from the breach by a State of an international obligation so essential for the protection of fundamental interests of the international community that its breach is recognized as a crime by that community as a whole constitutes an international crime.

6.2.8 categories On the basis of the rules of international law in force, an international crime may result, inter alia, from: (a) a serious breach of an international obligation of essential importance for the maintenance of international peace and security, such as that prohibiting aggression;

(b) a serious breach of an international obligation of essential importance for safeguarding the right of self-determination of peoples, such as that prohibiting the establishment or maintenance by force of colonial domination;

(c) a serious breach on a widespread scale of an international obligation of essential importance for safeguarding the human being, such as those prohibiting slavery, genocide and apartheid;

(d) a serious breach of an international obligation of essential importance for the safeguarding and preservation of the human environment, such as those prohibiting massive pollution of the atmosphere or of the seas.

Any internationally wrongful act which is not an international crime in accordance with paragraph 2 constitutes an international delict.

6. 3 international crime 6.3.1 definition International crime may refer to: Crime against international law

6.3.2 The four biggest areas of transnational crime are: Drug trafficking Arms trafficking Money laundering Smuggling of cultural artifacts Trans-national trafficking in human beings receives a great deal of attention by international bodies because of its particularly intimate nature.

Crime against humanity Crime against peace War crime International criminal law or it may refer to transnational crimes.