In 2001, when the ILC adopted the final text of the Articles on State Responsibility, it upheld the view that there exists a class of international rules that—if breached—give rise to consequences additional to those of ‘ordinary’ wrongful acts. In so doing it departed in many, but not all, respects from the notion of international crimes, as put forward by the then Special Rapporteur Roberto Ago and as embodied in former article 19 of the Draft Articles, provisionally adopted in 1976. One of the features of this controversial notion that the ILC decided to retain...
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