Law 2101 Study Guide - Quiz Guide: International Law Commission, Peremptory Norm
Document Summary
General issue of state responsibility state violates international obligation owed to another state (art. 1 ilc draft articles), and cannot be avoided by claiming internal law (art. The origin of th international obligation is irrelevant for the purpose of. An illegal act the wrongfulness of an act is governed by international law (art. 3 ilc da) and therefore responsibility of a state cannot be avoided by claiming internal or national law! A breach of an obligation under international law can consist of an act or an omission, currently binding on the state (art. Different degree of wrongful acts against international law demands different consequences (punishment by the injured state or by the community as a whole, provided by art. 40: a breach giving rise to community consequences can only arise when the rule breached qualifies for ius cogens (inter alia, the prohibition of the use of force, prohibition of genocide, stipulated on art.
