Article 122 of the UN Draft Article on Responsibility of States for Internationally
wrongful acts, adopted by the ILC at its 53™ session and submitted to the UN
General Assembly provides:
Every internationally wrongful act of a State entails the internal responsibility
of that State.
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.
In Ranken v. Islamic Republic of Iran (Award No. 326-0913, 23" November,
1957 Iran — United States Claims report vol.
17 pg.
141.
The Tribunal in
determining whether it has jurisdiction over the case considered that part 1 of the
Articles provisionally adopted by the International law Commission constituted
the most resent and
authoritative statement of current International law on the
organs of state responsibility for international wrongful acts.
(Note that part 1
was finally adopted in 2001) and observed that only injuries which are not the
result of an act of the Government of Iran are excluded from its jurisdiction.
See also this Court’s Decision in Tidjane Konte v. Republic of Ghana Judgment
No. ECW/CCJ/JUD/11/14 of 13" May, 2014
For the purpose of International Law the State consists of different organs with
different functions and is treated as a unit so that the action of any of its organs
is considered the action of that single legal entity.
In the light of the above the Defendant is liable for the wrongful acts ofits Agents.
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