Practice question
A private crowd attacks a foreign-owned facility. No instruction, direction, control, adoption, or other attribution basis for the crowd is established. A separately applicable international obligation requires State authorities to take specified preventive steps, which they wrongfully omit. Which analysis is correct?
- The crowd's private status automatically prevents every possible State breach.
- The crowd is automatically a State organ because the attack was serious.
- The State's own attributable omission may breach its prevention duty even without attributing the crowd's conduct itself.
- Every private injury automatically creates strict State liability.
- The presence of foreign property always proves both attribution and breach.
Legal references
- ILC Articles on Responsibility of States for Internationally Wrongful Acts (2001), Articles 2–8, 12, 30–36: https://legal.un.org/ilc/texts/instruments/english/draft_articles/9_6_2001.pdf
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