State Responsibility Under International Law: A Critical Analysis of the International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts

State responsibility is one of the foundational doctrines of contemporary international law because it establishes the legal consequences that arise when a State fails to comply with an international obligation. The International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), adopted in 2001, represent the most comprehensive articulation of the general rules governing State responsibility. Although the Articles have not been transformed into a comprehensive multilateral treaty, they have acquired substantial normative authority through judicial practice, State practice and their repeated application by international courts and tribunals. This article critically examines the structure, principles and practical significance of the Articles, with particular attention to attribution, breach of international obligations, circumstances precluding wrongfulness, reparation, serious breaches of peremptory norms, and the relationship between State responsibility and international human rights and criminal justice. It argues that the principal strength of the Articles lies in their ability to provide a coherent secondary framework applicable across different fields of international law. However, their effectiveness is constrained by difficulties surrounding attribution, enforcement, judicial jurisdiction and the political consequences of holding States responsible. The article further demonstrates that State responsibility and individual criminal responsibility are legally distinct but mutually complementary mechanisms of accountability. Ultimately, the effectiveness of the ARSIWA depends not merely upon their formal recognition but upon consistent interpretation, judicial application and meaningful implementation of the consequences of State responsibility.

Authors

Publication Details

Journal
East African Journal of Law and Ethics
Published
2026-10-30
DOI
https://doi.org/10.37284/eajle.9.4.6132
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

State Responsibility Under International Law: A Critical Analysis of the International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts

Asha Hashim Njovu
2 links
East African Journal of Law and Ethics
International Law and Human Rights
article

State Responsibility Under International Law: A Critical Analysis of the International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts

Asha Hashim Njovu
article en

Abstract

State responsibility is one of the foundational doctrines of contemporary international law because it establishes the legal consequences that arise when a State fails to comply with an international obligation. The International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), adopted in 2001, represent the most comprehensive articulation of the general rules governing State responsibility. Although the Articles have not been transformed into a comprehensive multilateral treaty, they have acquired substantial normative authority through judicial practice, State practice and their repeated application by international courts and tribunals. This article critically examines the structure, principles and practical significance of the Articles, with particular attention to attribution, breach of international obligations, circumstances precluding wrongfulness, reparation, serious breaches of peremptory norms, and the relationship between State responsibility and international human rights and criminal justice. It argues that the principal strength of the Articles lies in their ability to provide a coherent secondary framework applicable across different fields of international law. However, their effectiveness is constrained by difficulties surrounding attribution, enforcement, judicial jurisdiction and the political consequences of holding States responsible. The article further demonstrates that State responsibility and individual criminal responsibility are legally distinct but mutually complementary mechanisms of accountability. Ultimately, the effectiveness of the ARSIWA depends not merely upon their formal recognition but upon consistent interpretation, judicial application and meaningful implementation of the consequences of State responsibility.

East African Journal of Law and EthicsVol. 9(4)
Peace, justice, and strong institutions
Openalex Percentile: Top 4%
International Law and Human Rights
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Laika access coming soon