Internationaal recht – Prosecutor v. Duško Tadić

Facts

This judgement is about the ground on which the Nicaragua test may be held unconvincing. This ground is based on the system of international law on State responsibility. To what extent is the State responsible for acts performed by private individuals?

Appeals Chamber

Art. 8 of the Draft on State Responsibility stated that a State is responsible for individuals who are not regarded as organs of a State. However, it is required that States have control over these individuals. For (para)military units it is required that the State has overall control over the group, not just over one part.