Abstract:
In any legal system, whether national or international, the breach of a binding obligation results in legal responsibility. Rules of international state responsibility determine the situations in which a state becomes responsible for breaching an international obligation, as well as the consequences of this responsibility. In current circumstances, the close interconnection of states in the international arena and the possibility of their violation of international law rules have turned the subject of international state responsibility into one of the important topics of public international law. In the commission of an internationally wrongful act, several countries are usually involved. Derivative responsibility or the indirect responsibility of a state in relation to the act of another state is an exception to the principle of independent responsibility and its existential philosophy of compensating the injured state in cases where several states are involved in the commission of a wrongful act. Chapter Four of the "Draft Articles on Responsibility of States for Internationally Wrongful Acts" of the International Law Commission, adopted in 2001, discusses the responsibility of one state in relation to another state through several articles. In this research, two cases of derivative international responsibility, namely "aid and assistance" and "coercion" by a third state in the commission of a wrongful act, along with various aspects of each of these articles—including the establishment and distribution of responsibility and the origin of responsibility—are analyzed and examined under several headings.
Machine summary:
Although some are of the opinion that the nature of aid and assistance makes its commission possible only through a positive act; accepting the latter view would exclude cases of breach of international obligation arising from the cooperation of one state with a wrongdoing state from the scope of Article 16 and would exempt the assisting state from responsibility, which, given the circumstances governing the existential philosophy of the institution of indirect state international responsibility, makes accepting such an interpretation of the concept of assistance groundless.
In this research, two cases of derivative international responsibility, namely "aid or assistance" and "coercion" by a third state in the commission of a wrongful act, and the various aspects of each of these articles, including the establishment and attribution of responsibility and the origin of responsibility, are analyzed and examined under several headings.
In practice, commentators believe that due to Article 16, which considers the condition of full awareness and commitment of both the direct and assisting countries to the breached obligation for the realization of international responsibility, it overlooks the responsibility of the assisting State in many cases.
Derivative international responsibility arising from "aid and assistance" in judicial practice: One of the recent cases regarding the assistance of a third State in the commission of an internationally wrongful act is Saudi Arabia's use of cluster bombs in the attack on Yemen, which were provided to it by the United States of America.
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