THEORETICAL AND LEGAL GROUNDS OF LIABILITY IN INTERNATIONAL LAW
THEORETICAL AND LEGAL GROUNDS OF LIABILITY IN INTERNATIONAL LAW

Summary/Abstract: The article describes the peculiarities of the state’s international legal responsibility for violating international obligations in accordance with the requirements and norms of international law. Along with this, the legal nature of offenses was analyzed and it was noted that the main shortcomings are that special attention is paid to the application of countermeasures to states from the position of international organizations and institutions regarding the subsidiary responsibility of member states. The concept of legal responsibility of states for internationally illegal acts was developed in antiquity, more precisely – in the 4th century BC. In modern international law, the application of the institution of international legal responsibility dates back to 1920, when the Charter of the League of Nations indicated the possibility of imposing sanctions against countries that violated their international legal obligations. But the issue of international legal responsibility was fully developed after the Second World War, when humanity realized the extent of the damage caused by the fascist states and theirs. In 1945, the issue of combating internationally illegal acts was reflected in the UN Charter (Chapter VII «Actions in relation to threats to peace, breaches of peace and acts of aggression»). Attempts to codify norms of international legal responsibility of states were made by legal scholars, non-governmental and intergovernmental organizations. However, none of them led to the emergence of a universal international convention at this time. The modern concept of international legal responsibility evolved from the responsibility of states for damages caused to foreign persons. Therefore, initially the codifiers paid the main attention to material liability for damage caused to the person and property of foreign citizens and foreign capital. Since the second half of the 20th century, the responsibility of states for aggression, war crimes, apartheid policy, and genocide began to be recognized. The nature of the applied measures of responsibility and the forms of its implementation are changing. Then there are changes in the circle of subjects – the responsibility of international organizations and individuals appears. With the expansion of technical and scientific capabilities, the absolute responsibility of states for damage caused as a result of legitimate activities appears. In 1956, the UN General Assembly referred to the International Law Commission the issue of codification of norms of international legal responsibility of states.

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