State Responsibility

One of the sources of International Law are Customary International Law. The doctrine of state
responsibility is a fundamental principle of international law which has established through the customary
practices of states. Customary international law is binding upon a state because the state is a part of a
community of nations and does not rest on on the express consent of the state. Hence, as a form of customary
international law, it is binding on every nation, regardless of whether the state has given its consent to the
same.
State responsibility is a principle that arises from an obligation of a state to guarantee its willingness
in case of violation of international rules. The origin of state responsibility traces its roots from Hugo
Groitus in 1646 who stated that every wrongful act creates an obligation. However, the evolution of the
doctrine of state responsibility has expanded its meaning by including not only when the states directly
violates international rules, but also when it fails to conduct necessary measures in order to prevent violation
of international rules.
A State is responsible for the illegal acts committed by any of its organs and also for the acts of
those groups or persons which are not its organs but on which it exercises such a degree of control that
those groups or persons can be considered totally dependent on the State. In cases other than this, the
responsibility cannot be attributed to the State.
The international responsibility of state is a reflection of the limitation of external state
sovereignty, in terms of establishing international responsibility when a state commits an internationally
wrongful act, i.e. when it breaches an obligation undertaken with a treaty while causing loss or damage
to another state. (Dimitrovska, 2015) Article 19 of part one of the Draft Articles on State Responsibility
distinguishes between two kinds of wrongful acts: international crimes, which are defined as the breach
of "an international obligation essential for the protection of fundamental interests of the international
community," and all acts which, though not crimes, "constitute an international delict."

Bibliography
Dimitrovska, M. (2015). THE CONCEPT OF INTERNATIONAL RESPONSIBILITY OF STATE IN THE
INTERNATIONAL LAW SYSTEM. Journal of Liberty and International Affairs, 4.