مسئوليت بين المللي ناشي از نقض جدي قواعد آمره در پرتو طرح كميسيون حقوق بين الملل در زمينه مسئوليت كشورها

States Responsibility for Serious Breaches of Preemptory Norms of General International Law

Departing from controversial notion of "International Crime of States", in the "Final Draft Articles on Responsibility of States for Internationally Wrongful Acts"(hereafter Draft Articles), International Law Commission (hereafter ILC), drafted a regime for "serious breaches of preemptory norms of general international law" which is different from breaches of other international obligations. One can examine this difference in two areas: First, the obligation(s) of responsible state and second, the obligation(s) of other states. Exploring those obligations embedded in "Draft Articles" reveals two facts: First, by rejecting the existence of any special obligation for responsible state, ILC considered serious breaches of preemptory norms of general international law as breaches of other international obligations involving a duty to full compensation. Second, by adopting lenient and soft obligations for other states, i.e., duty to cooperate in order to bring to end serious breaches of preemptory norms of general international law, and duty not to recognize as lawful situations created by serious breaches of preemptory norms of general international law, ILC emphasized the dual regime of state responsibility for "serious breaches of preemptory norms of general international law" rather than confirming existence of aggravated regime against such breaches.