The Standard of State Control in Attributing the Conduct of Non-State Actors in International Law: A Review of the Practice of the Iran-United States Claims Tribunal

The attribution of conduct to a state in international law, particularly in international claims, is a fundamental and complex subject that determines how states are held accountable for the actions of non-state entities. While the general principle is to attribute the conduct of state organs to the state, under specific circumstances, the conduct of non-state actors may also be attributable to the state, contingent upon the state’s control or direction over those entities. The standard of control, particularly in the practice of the Iran-United States Claims Tribunal (IUSCT/ Tribunal), is a critical aspect in determining state responsibility. The IUSCT maintains that for a state to be held responsible for the actions of non-state entities, it must be proven that the state exercised effective control over those actions. This control requires an examination not only of the mandates and statutes of the non-state entities but also proof of the state’s direct influence on their operations. In cases involving the Islamic Revolutionary Committees and private entities, the Tribunal has considered clear indications of state responsibility, especially when tangible state control and direction have been established. For instance, in conditions of chaos such as during a revolution, a state cannot evade its responsibility by citing the prevailing disorder; however, at the same time, for the acts of private entities to be attributable to the state, mere state ownership is insufficient. The Tribunal emphasizes that it must be proven that the actions of the non-state entities were carried out pursuant to the state’s instructions or under its direction. In summary, the IUSCT strongly emphasizes the necessity of “effective control” and a causal link between this control and the violation of international law to prevent the undue imposition of responsibility on states.