Reparation is the legal mechanism for achieving this restoration. Private individuals or entities can bind a state if they are, in fact, "organs of the state" due to effective control, even if they do not hold traditional governmental titles.
Functional Necessity and Organ Activity Attribution in State Responsibility
The wrongful act is the conduct itself, which must be contrary to an international legal obligation. However, certain defenses can negate the wrongful character of conduct.
The conduct must also manifest the state's will, whether through explicit directives or the functional necessity of the organ's activity. Conduct of Private Entities and Insurgent Movements Modern international law has expanded the scope of attribution beyond formal government acts.
Functional Necessity and Organ Activity Attribution in State Responsibility
Importantly, countermeasures, such as reciprocal non-performance of obligations, are permitted under specific conditions as a response to a prior breach, but they must be proportional and not involve the use of force. The obligation must be specific and concrete; a mere violation of a domestic law does not automatically create international responsibility unless that law embodies an international commitment.
More About State responsibility
Looking at State responsibility from another angle can help expand the discussion and give readers a second clear paragraph under the same section.
More perspective on State responsibility can make the topic easier to follow by connecting earlier points with a few simple takeaways.
