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2 results

  • 3 - When the Rebels Are Not Successful at Establishing a New Government

  • from Part I - Acts Committed in the Context of the Establishment of a New Government
  • Patrick Dumberry, University of Ottawa
  • Book:
    Rebellions and Civil Wars
    Published online:
    04 November 2021
    Print publication:
    18 November 2021, pp 134-298

  • Summary

    This Chapter focuses on the situation where acts by the rebels or the government are committed in the context of the insurgent’s struggle for the creation of a new State. When the rebels are successful, the new State is not responsible for the acts committed by the predecessor State while fighting the rebels. The rule is problematic is however when the predecessor State ceases to exist. Also, the acts committed by the rebels during the insurgency are attributable to the new State after their victory. The rule applies in situations of secession, dissolution and Newly independent States, but it is controversial regarding transfer of territories. When the rebels are not successful, the acts committed by them are not attributable to the State once the insurgency has failed. Responsibility arises as a result of a State’s failure to discharge its due diligence obligation of vigilance, prevention and punishment in relation to the conduct of rebels.

The Institute of International Law's Resolution on State Succession and State Responsibility
  • Introduction, Text and Commentaries
  • Marcelo G. Kohen, Patrick Dumberry
  • Published online:
    16 January 2019
    Print publication:
    14 February 2019
  • Marcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.