Writ of summons - Van Diepen Van der Kroef

Netherlands jointly) argue that there is here an issue of a breach of international law thatleads to responsibility.Requirements for responsibility of States343. Article 2 of the ILC Articles for States provides that a state is responsible if tworequirements are satisfied:‘There is an internationally wrongful act of a State when conduct consisting of anaction or an omission:a. Is attributable to the State under international law; andb. Constitutes a breach of an international obligation of the State.’344. The ILC Articles for States do not stipulate the obligations that a state has. Thoseobligations arise from other sources of international law, such as internationalhumanitarian law (for example: the Geneva Conventions, the Hague Conventionrespecting the Laws and Customs of War on Land of 1907, the European Convention forthe Protection of Human Rights and Fundamental Freedoms (EECHR), and theGenocide Convention, as well as the caselaw of the ICJ). The ILC Articles for Statesprovide, inter alia, a definition of a breach of international law, elaborate therequirements for attribution and also determine what the consequences are of anattributable breach of international law. Plaintiff will return below to those matters.Requirements for responsibility of international organisations345. The ILC Articles for International Organisations, like the UN, are grafted onto theprinciples of the ILC Articles for States. The principles that are applicable for States aremutatis mutandis applied to the international organisations (see, R.J. Dupuy et al, AHandbook on International Organizations, 1998, pages 886 and 887, and M.Zwanenburg, op. cit., pages 70 and 71).346. Article 3 of the ILC Articles for International Organisations states:© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com148