After a considerable amount of conceptual juggling during the period 1996–2001, the International Law Commission (ILC) confirmed in its Articles on State Responsibility that there was a need to distinguish between two degrees or levels of responsibility. The term ‘international crime’, which was formerly used to describe the conceptual foundation of the ‘aggravated’ regime of responsibility, has been discarded. However, the obligations incumbent upon all States in the face of an ‘extraordinary’ wrongful act have survived the conceptual changes, suggesting that the...
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