The международно-legal responsibility is a set of the legal attitudes(relations), which arise in the modern international law in connection with an offence, ñîâåðø ё ííûì by any state or other subject of the international law, or in connection with damage, reasons ё ííûì by the state to other states as a result of lawful activity. In one cases these ïðàâîîòíîøåíèÿ can concern directly only states - offender and suffering state, in other - can mention the rights and interests of all international community. Point of view;!from the point of view of consequences these ïðàâîîòíîøåíèÿ can be expressed for want of offences in restoration of the infringed right, in reimbursement of a material loss, in acceptance of the various sanctions and other measures of collective or individual character to the state which has infringed the international responsibility, and in case of harmful consequences for want of of lawful activity - in the responsibility to make appropriate indemnification.
Ïðàâîîòíîøåíèÿ of the responsibility in the international law result from wrongful actions or inactivity of the state infringing his(its) international responsibility. With ó÷ ё volume that, that the norms of the rights regulating questions of the responsibility, come in actions only for want of infringement of primary (material) norms, some authors name ïðàâîîòíîøåíèÿ of the responsibility as derivative, or вторичными1.
The norms regulating the responsibility of the subjects of the international law, differ from «main», or «primary», norms. The representative(representative) of the Netherlands to a Commission of the international law a UN À.Òàììåñ fairly has noticed, that «the main norms are those, which directly influence actions of the states. Derivative norms are those, which concern to the responsibility of the states, intend for assistance to practical realization in life of an essence of the international law contained in main norms ».2 is very important to not miss from a kind, that an establishment of «primary» norm and contents of the obligation based on it(her), - one party of business, and establishment that, whether that the obligation was infringed, and if yes, what should be consequences of this infringement, - other party. Only last also is sphere of the responsibility as such. The establishment of norms of the international law named «primary» frequently requires(demands) development(manufacture) of the vast and numerous articles, whereas the question on the responsibility is connected to development(manufacture) rather of few norms sometimes carrying general(common) character. However it is necessary to agree with remark contained in one of the reports of a commission of the international law a UN that possible(probable) in this case «ëàêîíè÷íîñòü of the formulation the speech èä ё ò about a simple problem does not mean at all, that. Opposite(on the contrary), in connection with each moment âñòà ё ò set of complex(difficult) questions, each of which should be considered, for all of them influence choice of the proper formulation » 1. The application of norms ìåæäóíàðîäíî - legal responsibility results in occurrence of the new international legal attitude(relation), which derivates, on the one hand, responsibility of the state - offender to stop wrongful actions to restore the infringed right of the suffering state to reimburse of the reasons ё ííûé damage or to undergo to the sanctions, and on the other hand, right of the affected party to require(demand) of the state - offender of fulfilment of these responsibilities and to receive appropriate reimbursement and satisfaction.
The commission of the international law a UN, attending preparation of the project of the articles about the responsibility of the state for offences, has come to a conclusion about necessity to concentrate the efforts to researches of norms, which adjust the responsibility, and to conduct for want of it ÷ ё òêîå differentiation between this problem and problem which consists in an establishment of «primary» norms assigning on the state the obligation, which infringement can cause ответственность.1
The contents of the obligations, çàêðåïë ё ííûõ in «primary» norms, can be considered for want of definition(determination) of the contents and consequences of an offence. «Primary», or main norms of the international law, and «secondary» norms of the ìåæäóíàðîäíî-legal responsibility, it is necessary to consider in their interdependence and âçàèìîîáóñëîâëåííîñòè. Or else, without óÿñíåíèÿ the contents of main norms and rights, following from them, and responsibilities of the subjects of the international law cannot be defined(determined) point consequences of their infringement and to differentiate categories of offences.
The consequences of infringement of the international obligation should be in dependence as from the contents of «primary» norms, to which the given international obligation is based, and from their value for all international community. It concerns first of all infringement of the obligations connected to maintenance of the international world and safety, with the right on self-determination, protection of the rights of the person, protection of an environment, which should be considered as international crimes, that is as the special category of an offence.
In the report of a Commission of the international law about work å ё to the twenty fifth session is spoken, that, when the problems concerning definition(determination) of separate categories of offences will be considered, «then there will be first of all main question on, whether it is necessary now to admit(allow) existence of the distinction based on significance of the infringed obligation for international community, whether and it is necessary, thus, to reveal within the framework of the modern international law a separate category more ñåðü ё çíûõ ìåæäóíàðîäíî-illegal äåÿíèé, which, maybe, can be qualified by international crimes » 1.
Ó÷ ё ò of all changes, thus, acquires major significance for achievement of positive result in êîäèôèêàöèè of norms and principles of the responsibility in the international law. Correct their reflection is one of laws of development of the modern international law. Êîäèôèöèðîâàííûå of norm and the principles of the ìåæäóíàðîäíî-legal responsibility should fill in formed in this area of the international law a blank. In it one of problems êîäèôèêàöèè consists, in my opinion in the field of the ìåæäóíàðîäíî-legal responsibility. In this work regarding necessary to touch questions of a terminology and to define(determine) a place of the ìåæäóíàðîäíî-legal responsibility - in general(common) system of the international law. On the XXV sessions of a Commission of the international law has found expedient for a designation of an offence to use expressions «ìåæäóíàðîäíî-illegal äåÿíèå », instead of expression «äåëèêò» or other similar expressions, which sometimes can accept the special shade point of view;!from the point of view of some systems of the internal right. For example, the expression «ìåæäóíàðîäíî-illegal äåÿíèå » point of view;!from the point of view of French language is, probably, more correct, than the expression «the ìåæäóíàðîäíî-illegal sertificate(act) », by virtue of that reason, that ïðîòèâîïðàâíîñòü frequently is displayed in inactivity, and the latter precisely designate by the term «sertificate»(«act»), which on ñóòè induces on an idea on actions under it and some other reasons the commission has decided and for spanish language to use the accordingly term «hecho internacionalemente illicito», and for English language to keep the term «internationally wrongfull act», as the English term «act» does not cause such associations what this term causes in French and spanish languages.
Former soviet ìåæäóíàðîäíî-legal literature strongly included the term «an international offence ». The replacement by his(its) new term «ìåæäóíàðîäíî-illegal äåÿíèå », on my sight, is not caused by any necessity. All those reasonable reasons, which were resulted for change of the given term on French and spanish languages, for Russian the significances have not, as the term «an international offence » in Russian is supposed both action, and inactivity and we shall use in any case of illegal behaviour. Term «international offence » in Russian will be used for designation of action or inactivity, which can, according to the international law to be appropriated(given) to the subject of the international law and which the infringement of the international obligation have basic significance for all international community represents, the term «an international crime » will be used.
Ä.Б Ëåâèí writes, that development of the international law in present period âåä ё ò to allocation in separate branch of the right of the international responsibility. This branch, in his(its) opinion, should be entered by(with) three main categories of norms and institutes: first, norms and institutes concerning the responsibility of the state for an international offence and determining the basis and the form of this responsibility; secondly, norms concerning the criminal liability of the natural persons for international преступления.1 In the same branch, in my opinion, the responsibility of the state for damage, reasons ё ííûé should enter in connection with lawful activity, which follows from other basis, than international law.
The development of the international law requires(demands) in conditions of deep changes, occurring in the world, of overcoming of considerable difficulties in searches îáùåïðèåìëåìîãî of the agreement on that, as in what area of the international attitudes(relations) it is necessary to consider(count) as the right.
With the purposes of maintenance of the general world and safety a UN is called to promote observance of such attitudes(relations) between the states and peoples, which for want of can be observed respect for the obligations following from the agreements and other sources of the international law.
1.2. Basis of the ìåæäóíàðîäíî-legal responsibility
The basis of occurrence of the ìåæäóíàðîäíî-legal responsibility of the subject of the international law is the fulfilment by him(it) of an international offence.
The international offence is an action or inactivity of the subject of the international law infringing norms of the international law and the international obligations, íàíîñÿùèå to other subject either group of the subjects of the international law or all international community as a whole damage of material or non-material character (for example, sertificates(acts) of aggression, illegal restriction of the sovereignty, encroachment on territorial integrity and political independence, infringement of the obligations under the agreements and other.) 1. For want of it the responsibility arises, as a rule, only for want of availability ïðè÷èííîé of communication(connection) between illegal behaviour of the subject and caused damage.
Thus, components of an international offence attracting behind self the ìåæäóíàðîäíî-legal responsibility, are: action or inactivity of the subjects infringing norms of the international law; âìåíÿåìîñòü of an offence of the subject of the international law; causing of damage or âðåäà to other subject or group of the subjects of the international law.
Any references of the state to the national laws and rules in the justification of the behaviour which has resulted(brought) in infringement of norms the international laws and drawing of damage or âðåäà, are inadmissible. The references to ignorance of norms of the international law or on wrong their interpretation and application also are inadmissible. Practically all international offences are made consciously, purposely, is guilty. It is impossible to justify aggression of USA against Ãðåíàäû (October, 1983) and Libya (March, 1986), íàëåòû of aircraft ÞÀÐ on cities Çàìáèè and Çèìáàáâå (May, 1986), destruction by Israeli aircraft of iraq centre of nuclear researches (June, 1981), exhibiting by American mercenaries of mines in waters and ports of Nicaragua and other similar actions by the references to necessity «protection of life » or «interests». Especially, they cannot be issued for the sertificates(acts) of «self-defense» 1.
The illegal actions or inactivity presenting(causing) to occurrence of the ìåæäóíàðîäíî-legal responsibility the subjects of the international law can be made by state bodies (without dependence from their rule(situation) in system of public authorities and management), officials of the state acting on his(its) assignment(order) or from his(its) name, and also special bodies of the states allocated imperous authorities and acting from his(its) name. For example, responsibility for grab by the Israeli military ships of a greek vessel (the summer 1984) should bear government of Israel. The responsibility of the state can come(step) behind acceptance of the law or other normative sertificate(act) contradicting to norms of the international agreement, which participant it is by, or, on the contrary, for íåïðèÿòèå of the law, which it was obliged to accept according to the international obligations and which would prevent ïðîèñøåäøåå illegal event or action.
The responsibility of the state arises because of inactivity of government bodies in cases, when the duly interference of authorities could prevent wrongful actions. USSR in USA for want of connivance of the American official persons is known, for example, numerous cases of violence and even the armed attacks on diplomatic representations. In such cases the state was born by(with) ё ò the responsibility for criminal actions of the persons from among the citizens both foreigners and their organizations both for the foreigners and for actions (and inactivity) bodies, which have not prevented illegal actions, though could and should it make.
The responsibility of the state «Х» can arise and as a result undertaken on it(him) (or from it(him)) territory of illegal actions of the foreign state or his(its) bodies against the third state or group of the states. For want of it if these actions of the foreign state are made with is driven also of consent of the state «Х», it is the accomplice of illegal actions of the foreign state. However, if such actions are made without the knowledge of the state «Х», it bore ё ò the responsibility only in case his(its) bodies have not displayed «necessary vigilance » and these illegal actions of the foreign state did not stop. Is differently solved the problem concerning the states granting the territory for creation of foreign military bases or accommodation of the weapon: their ìåæäóíàðîäíî-legal responsibility for all possible(probable) dangerous consequences comes(steps) by virtue of the most legal fact - sanction to creation of military base or accommodations of the weapon.
The ìåæäóíàðîäíî-legal responsibility of the state can arise and for want of increase of authorities by state bodies or officials of the state, therefore can be has put ё í damage to the foreign state or his(its) natural or legal persons. In particular(personally), the state should compensate damage for want of interference in the high sea in case of failure of an oil tanker under condition of, if the measures undertaken by him(it), will exceed those, which were reasonably necessary for prevention, reduction or removal(elimination) ñåðü ё heat and real danger of pollution of coast нефтью1.
For actions of state bodies, military parts and divisions during war, when as a result of these actions the norms of the Geneva conventions about protection of victims of war of a 1949 and other international conventions, ðåãëàìåíòèðóþùèõ of a means and methods of management of struggle are infringed, the responsibility was born by(with) ё ò the state, which posesses these bodies, military parts and divisions. The state should accept legislative, administrative and other measures by, that the laws and customs of war, çàêðåïë ё ííûå in the acting conventions and agreements, were punctually executed by all state bodies, military connections and military men.
The ìåæäóíàðîäíî-legal responsibility of the subjects of the international law can come(step) not only by virtue of infringement of norms of the international law or obligations by agreement, but also for harmful consequences of lawful activity. She(it) can come(step) for want of drawing of a material loss by a source of increased danger, use or which application is forbidden by the international law (so-called responsibility for risk).
Sources of increased danger are, for example, court with nuclear power installations(aims) (ßÝÓ) and space objects started in space space. Court with ßÝÓ carry out the activity within the framework of freedom of navigation being a main part of freedom of the high sea, and the space objects can be started according to the Agreement for principles of activity of the states on research and use of space space, including the Moon and other heavenly bodies, 1967.
As in first and in the second cases speech èä ё ò about use of sources of increased danger, the states in the contractual order have agreed to recognize compulsion of reimbursement of the material loss which has arisen not in connection with any international offence, and it is exclusively(extreme) by virtue of the fact of causing of such damage (responsibility without fault).
In the Convention about the international responsibility for damage, reasons ё ííûé by space objects of a 1972 is spoken, that the starting state «was born by(with) ё ò the absolute responsibility for payment of indemnification for damage, reasons ё ííûé by his(its) space object on a surface of the Earth or air vessel in a floor ё those » 1.