Internationally wrongful acts, adopted by the ILC at its 53rd session and submitted
to the UN General Assembly provides:
1.
Every internationally wrongful act of a state entails the internal responsibility
of that State.
2.
There is an internationally wrongful act of a state when conduct consisting of
an action or omission.
(a)
Is attributable to the State under internal law and
(b)
Constitutes a breach of an international obligation of the State
The court has held in a plethora of cases that the acts of state agents are attributable
to the state. This implies that states will be responsible for acts done without due
care and diligence in preventing human right violations and for failure to investigate
and punish acts violating those rights.
In Amnesty International Vs. Sudan (2000) AHLR 297 (ACHPR), it was held
that the Government has a responsibility to protect all people residing under its
jurisdiction and even when the Country is going through Civil War, the State must
take all possible measures to ensure that its Citizens are treated in accordance with
International Humanitarian Law.
In Malawi African Association &ors Vs. Mauritania (2000) AHLR 149 at 164165.v.it was held that the duty of due diligence in International law extends to the
obligation of a State to prevent human rights violations and where they occur, to
investigate, prosecute and punish the perpetrators and failure to do so incurs the
responsibility of the State.
In the light of the parties’ arguments and the evidence in its possession, the Court
notes at the outset that the Respondents failed to conduct an impartial and effective
investigation into the matter before demolishing the property. Furthermore as noted
above, the Respondent on becoming aware of the demolition did nothing to assuage
the victims. There is no evidence placed before this court to show steps taken by the
Respondents to investigate the demolition and hold those responsible for it
accountable.
It is clear that the Respondents agents acted rashly and arbitrarily in the guise of
carrying out their duties.it is equally trite that the state is responsible for the acts of
its agents in the course of their employment whether authorized or not. Consequently
the court holds the Respondent’s responsible for the unwarranted acts of its agents.
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