those properties and the compensation thereto are paramount to them.
In this
regard it is necessary to ask, consider and determine herein whether the actions of
the said two policemen on that date in question when they took away the
applicants' driver and two apprentices of the driver in a taxi to an unknown
location, abandoned them and stole their goods from the trailer is attributed to the
State of GHANA-the defendant or not.
28. The defendants argued that they are not responsible for the criminal acts of the
policemen and further submitted that the policemen were posted on duty at the
airport road but left their posting to another location to commit the offence in
respect of the property of the plaintiffs, and that such action could not amount to
performing the acts with the instructions or the knowledge of the defendant. It is
appropriate at this point to examine international law concerning the issues raised
by the parties as to the responsibility of the defendants and the arguments of lack
of such responsibility. Firstly, the Draft Articles adopted so far by the International
Law Commission (ILC) and widely invoked, laid out an important role in respect
of state responsibility. Article 1 of the said provision of ILC, provides:
"Every internationally wrongful act by a State
gives rise to international responsibility. And
Article 3 states that:
"An internationally
wrongful act exists where:
a)
Conduct consisting of an action or omission
is imputed to a State under international law;
and
•
b) Such conduct in itself or as a direct or
indirect cause of an external event constitutes a
failure to carry out an international obligation
of the State."
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