Practice question
A State says its conduct cannot be internationally wrongful because domestic legislation expressly permits it. The conduct nevertheless breaches an applicable international obligation. Which Article 3 rule applies?
- International characterization is not controlled by domestic characterization as lawful.
- Domestic permission automatically eliminates every international obligation.
- Domestic law is always superior on the international plane.
- Only foreign criminal convictions can establish a breach.
- A legislature can erase international wrongfulness by changing the label.
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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