THE CIRCUMSTANCES PRECLUDING THE INTERNATIONAL RESPONSIBILITY OF STATES

Resumo

With the developing of the International Law in 1945, the international
responsibility started to suffer a lot of structural changes and a few parameters were
defined, like the subjects of Public International Law, but just after the Second World
War, indeed, the violation of international norms received attention.
Thereby, there is the necessity to implement regulations on the behavior of the
States and sanctions that could account then for their acts. Then there is a
consolidation of the international responsibility, that ends up being failure, with many
gaps and very restricted.
Then the idea of a project about the international responsibility of States arised.
The Draft Articles on Responsibility of States for Internationally Wrongful Acts, made
by the International Law Commission, showing itself like a soft law document.
The International Responsibility of the State is the legal institute that seeks to
hold States accountable for practicing acts that are illicit for the International Law, made

against the rights or the dignity of another State, aiming to repair the violated State.
The ICJ is a very important court in this matter, since its first case, “Corfu channel case”
in 1949, that established many of the Court’s parameters.
The International responsibility can be classified about the norm, the active
subject or the nature of the act. International norms can be violated criminally or
conventionally, the criminal violation is about violated norms that belongs to general
principles of international law or custom, while the conventional violation infringes
norms that belongs to conventions or international treaties.
In the matter of the active subject on the violation, the international responsibility
can be direct, on the cases that the act is practiced by a state agent, but can also be
indirect, when the violation is made by a private agent, also called as a non-State actor.
Also, the nature of the conduct can be comissive, when a norm is violated by an
active action of the State, or can be omissive, when the violation results of and
omission of the State.
Therefore, on the international responsibility of the State, it will be accountable for
illicit acts, called the internationally wrongful acts in which the accountability will
generate the obligation to repair and/or indemnify the State that were harmed.