Practice question
A State organ acts in its official capacity but exceeds its authority and disobeys instructions. The State says those facts necessarily prevent attribution. Under Article 7, is that correct?
- Yes; only perfectly lawful official acts are attributable.
- Yes; instructions alone control international attribution.
- Yes; ultra vires acts can never concern State responsibility.
- Yes; only the official can ever bear any legal consequence.
- No; conduct in that capacity may remain attributable despite excess of authority or contrary instructions.
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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