State Responsibility under International Law Sourav Sharma International Law Tue, Aug 01, 2023, at ,02:11 PM As we all know in today’s world international law plays a vital role. Even the smallest thing that we purchase, look at, consume or even smell is directly influenced by international law. We can’t argue that this is just a trade aspect but the concept is the whole of the world, from politics to tv shows everything is directly related to international law. So, here comes one of the most important aspects of international law and that is state responsibility, the areas which state responsibility covers are very wide and very complex because its really hard for any state to take control and define the elements which can cover under state responsibility aspects of international law because the state has to take full responsibility of the actions of all the people and organs which are directly connected to that state so it become a little bit of hassle within itself but state can’t deny it.The basic fundamental of international law is the relations that a state maintains with other states which ultimately brings the responsibility of their states to be responsible for the law that has been made within the state because these laws not just affect the individual people of that state but the whole world at large without any second question. The controls which a single state must be so thoughtful that it should maintain a subject nationality so that the organs which consist within the state shall not be in a violative manner or agreement of the state with other states of the world because as we discussed it will directly influence the world at large, the small states always gets inspired by the larger states so, the question is not only about there own state but to the other states also.If by any chance or misshapen any state fails to control their people or actions of their people and goes anything wrong, the individuals are directly answerable to their state but the state is also responsible to be answered to other nations and states as well as other international sectors, they can’t run away from these responsibilities which they consist within themselves when we talk about international law. This concept of answering to nations is very similar to that of facts which include liability to others and if anything goes wrong the state had to take full liability for their actions or actions done by any individual under their rules and regulations because the state itself failed to control them.DefinitionState responsibility is the principle that allows an injured state to seek redress for the damage it has suffered.Kinds of state responsibilityThere are two kinds of state responsibility:- direct responsibility and indirect responsibility.Let’s first talk about the first one which is direct responsibility which refers to the organs of the state such as departments of state (administrative staff) the people who regulate the functions of that state. Even the first part is divided into multiple areas such as executive, judiciary, armed forces, and diplomats.Let's discuss other important parts of direct responsibility Executive areas- here we were particularly talking about the people who do daily basis work in that state such as departmental heads of the government, education department, and law. Judiciary- this is one of the major parts of any system because if anything or anyone has done any wrong within the state the first fear or contradiction that arises in anyone’s mind is the judiciary of that nation, and what will be the outcome of his/ her action within the nation itself and on other hand due to certain legal obligations and treaties the act of judiciary is also influenced by the international laws and pressure generates during those times of the nation or state. Armed forces- if we think of armed forces we will first think is an organisation or government department which is built to protect the people of the state from different difficulties which built up during the period of the nation and the ultimate goal is to maintain peace. Sometimes during such peace periods, the mishandling of behaviour or actions takes place which is a direct hindrance to the world at large, so someone has to take responsibility for that and that someone is the state itself because the ultimate controlling power of the army is placed within the state itself so it should be appropriate to say that if any violations take place the responsibility should be by the state only. Diplomats- as we all know that diplomats are immune to the acts done by them in other states but that doesn’t mean their whole actions are justified someone has to take responsibility and in the same sense as the army the diplomats are also representative of the state so all the actions are immune by diplomats but the actions which are already done by a representative of the state, the state takes full responsibility of those actions, words or remarks because diplomats are on commands of the state. Now let's talk about the second one which is indirect responsibility Indirect responsibility:- In other words it is called vicarious liability, it means if any individual of the state, who is not an authorised person For Example- a citizen of the state, foreigner, alliance etc who are existing in the state, if they are violating any obligation of the state the state may indirectly responsible. Acts of the mob:- It means when a group of people merge and do any act which is violating international laws, in this case also state may be indirectly responsible, for the violation of international laws. Insurgents. Basic state responsibility1. The state is accountable for any actions or omissions that result in harm.2. The state must have violated international law or obligation that it is required to follow.3. There must be a causal relationship between the state's violation of obligation and the resulting harm.4. The state's actions or omissions must be considered wrongful according to international law.5. The state must provide appropriate restitution for the harm caused, which may include compensation, restoration, or satisfaction.6. The state must take all necessary measures to prevent, investigate, and punish any violations of international law committed by its organs, agencies, or citizens.7. The state may be held accountable if it contributed to the harm caused, even if it did not directly cause it.8. State responsibility may be limited by principles of state immunity, which protect states from being sued in foreign courts for acts committed in the exercise of their sovereign functions.ConclusionAs we have understood the basic concepts of the state so can we say that the state is responsible for all the acts? The answer would be yes definitely why not! A state can never run from the responsibilities which are directly commanded by them only. This means that states must comply with international laws and obligations, and ensure that their organs, agencies, and citizens also comply with them. If a state fails to fulfil its responsibilities, it may be held accountable for any harm caused. Therefore, it is important for states to take their responsibilities seriously and to work towards promoting and protecting human rights, peace, and security at both national and international levels.Reference used : https://www.britannica.com/topic/international-law/Jurisdiction https://www.srdlawnotes.com/2017/11/state-responsibility-kinds-of-state.html https://lawbhoomi.com/state-responsibility-under-international-law/