Detangling the issue of complete dependence and effective control in the case-law of the International Court of Justice
Detangling the issue of complete dependence and effective control in the case-law of the International Court of Justice

Summary/Abstract: Ever since the International Court of Justice rendered its judgment in the Military and Paramilitary Activities In and Against Nicaragua case, discussions were raised on the issue of attribution, effective control and complete dependence. While the ICJ decided on this case more than 30 years ago, the issue of attribution and the standard of control re-emerged in the light of international discussions in the relevant doctrine even more so with the judgments of the Trial and Appeal Chambers in the Tadić cases which challenged the findings of the ICJ, and, lastly, with the latter’s judgment in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide between Bosnia and Herzegovina and Serbia and Montenegro. This study wishes to detangle the issues regarding the attribution of the actions of private entities to the State, while clarifying the findings of the relevant case-law.

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