Mahdy Haddady; Mohamad Setayeshpur
Abstract
Nowadays, many wrongful acts have been committed in the international community that multiple states play role in its commission. In spite of recognizing Independent Responsibility as the cornerstone basis for allocating international law of responsibility, International Law Commissions (hereinafter ...
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Nowadays, many wrongful acts have been committed in the international community that multiple states play role in its commission. In spite of recognizing Independent Responsibility as the cornerstone basis for allocating international law of responsibility, International Law Commissions (hereinafter ILC) draft Articles on Responsibility of States for Internationally Wrongful Acts (2001) (hereinafter ARSIWA) and its draft Articles on Responsibility of International Organizations (2011) (hereinafter ARIO) have recognized that attribution of acts to one actor does not exclude possible attribution of the same act to another state which is called Derivative Responsibility. Aid or Assistance, Direction and Control, Force and Circumvention of an International Obligation are the only four situations in the scope of derivative responsibility. Despite recognizing these, it is not expressly clarified what kind of relationship exists between them, or how to allocate these two responsibilities as secondary obligation and or how the related contribution is. In the situation of aid or assistance, each one is just responsible of its aid or assistance, so if the wrongdoer commits more internationally wrongful acts, the state in question is just responsible for the aid or assistance and not more; in the situation of direction or control, joint responsibility is applicable; in the situation of force, the forcing party is responsible; so the forced party is not responsible at all; And in the last one, circumvention is not justifiable at all; so the state in question cannot and must not escape from its primary obligation.
