Philippine Bar review · Question

Practice question: State Responsibility

Multiple Choice Hard

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?
  1. The crowd's private status automatically prevents every possible State breach.
  2. The crowd is automatically a State organ because the attack was serious.
  3. The State's own attributable omission may breach its prevention duty even without attributing the crowd's conduct itself.
  4. Every private injury automatically creates strict State liability.
  5. 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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