Abstract

This work established that, the state responsibility for international wrongful acts is to provide mechanisms and processes to responsible for acts committed by their state organs or private   individuals acting under the control of the state.  The objective of this study is to critically examine how a state can be held responsible for an international wrongful act. The methodology adopted in the work is quantitative research method, where data was gotten from both primary and secondary sources.

Primary data include laws at it emanate from the legislator, case law and interview. Secondary data include textbooks, published and unpublished thesis, peer-reviewed journal articles, the internet sources as well as seminar and conference papers. Through this method the findings reveals that, the circumstances under which an act can be attributed to a state which engages her responsibility must have been committed when the obligation is in force, and the time. Thus, the elements which constitute an act attributable to a state.

This responsibility maybe directly or indirectly and may result in liability. direct state responsibility may occur from acts performed by governmental organs of the state and indirectly by conducts done by private individuals under the authority of the state. This act must be in breach of an international obligation.

The conduct of a State that is not in conformity with that State’s international obligations can be excused through the circumstances precluding wrongfulness. It is a way for the State that has conducted the wrongful act or omission to shield them from another State’s valid claim that the act is wrongful. This maybe by raising the challenges of self-defence, distress, force majeure, consent among others. However, there is the obligation to compensate if the state concerned is guilty and no defence is applicability to them.

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