L’illecito internazionale e il regime ordinario di responsabilità

L’illecito internazionale e il regime ordinario di responsabilità

L’illecito internazionale e il regime ordinario di responsabilità

Normalmente gli Stati agiscono per mezzo di individui. Esistono pertanto alcuni casi in cui l’attività illecita individuale ricade sullo Stato. “L’attività degli organi della Stato e gli atti ultra vires”. Sicuramente un atto illecito compiuto da individui che sono “organi” di uno Stato comporta la responsabilità dello Stato stesso. Chiaramente l’organo deve aver agito in via ufficiale e non a titolo privato, oppure deve contravvenire alle norme ricevute o può aver agito per suo conto, ma con mezzi e poteri propri della funzione pubblica. “L’attività svolta nell’esercizio di funzioni pubbliche”. La responsabilità cade sullo Stato anche per atti illeciti compiuti da individui che non sono “organi” dello Stato, ma svolgono un ruolo importante nell’esercizio delle funzioni pubbliche. “L’attività dei c.d. organi di fatto”. Ugualmente la responsabilità cade sullo stato per illeciti commessi da individui che, pur non essendo organi dello Stato, nei fatti agiscono per suo conto, cioè agendo su istruzioni dello Stato o si comportano come organi dello Stato. Per quanto riguarda i corpi militari, basta che lo Stato abbia un controllo generale su di esso. “Non imputabilità delle azioni compiute da privati e due diligence”. In tutti gli altri casi i reati commessi da individui non cade sulla responsabilità statale. Qualora invece si dimostrasse che lo Stato abbia assunto nei confronti di tale illecito, un comportamento omissivo, esso è chiamato a rispondere solo dell’omissione

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