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.
1.3. Classification of international offences
In the international Law all international offences it is possible will divide into three large groups depending on a degree of their danger, scales and consequences:
а) International crimes;
б) Criminal offences of international character;
в) Other international offences (international äåëèêòû).
International crime - especially dangerous international offence encroaching on the vital interests the states and nations, undermining bases of the international law representing threat to the international world and safety.
In the project of the articles about the responsibility of the states prepared by a Commission of the international law a UN, ïîä÷ ё ðêèâàåòñÿ, that ìåæäóíàðîäíî-legal äåÿíèå, arising as a result of infringement by the state of the international obligation, so basic for maintenance of the vital interests of community, that his(its) infringement is considered as a crime before international community as a whole, makes international преступление1. To number of such international crimes concern: aggression, ãåíîöèä, àïàðòåèä, êîëîíèàëèçì, military crimes, crime against humanity etc. As such crimes mention practically âñ ё international community, the states according to the Charter a UN have the right to accept collective measures on their suppression.
The kinds of the armed violence used in international practice of many states are extremely diverse. Proceeding from definition(determination) of aggression from the facts of a history of the international attitudes(relations) after the second world(global) war, we can allocate the following most important kinds:
- agressive war;
-вооруж ё ííóþ intervention;
-âîîðóæ ё ííûå the agressive shares, that is separate âîîðóæ ё ííûå attacks which are not carrying of character wars or intervention;
- the input âîîðóæ ё ííûõ of forces on territory of the foreign state or îñòàâëåíèå them on the given territory contrary to his(its) will and for interference in his(its) internal businesses (here is possible to include preservation on territory of the foreign state contrary to his(its) will of military bases);
- marine blockade in peace time of coast or ports of the foreign state (so-called « peace blockade »);
- support of the armed groups or groups of mercenaries for intrusion on territory of other state with the purpose of interference in his(its) internal businesses.
Agressive war. The most dangerous kind of the forbidden application of the armed force is the agressive war. In the international sertificates(acts) ïîñëåâîåííîãî of period this term meets extremely ðåäêî. In them such terms, as « application of force », «aggression», « the armed attack » are more often used. If the term «war» appears in the Status of League of Nations and in the Paris pact of a 1928, in the Charter a UN this term is present only in item 1 of a Preamble (short of a word in ст.107 concerning the second world(global) war), and in his(its) articles is spoken about application of force (item 4 ст.2), about âîîðóæ ё ííîì an attack (51).
In the sentence of the International military tribunal in Nuremberg agressive actions ãèòëåðîâñêîé of Germany concerning Austria and Czechoslovakia is designated as «grab», concerning Denmark, Norway, Belgium, Netherlands of Luxembourg - as «intrusion», concerning Poland, Yugoslavia and Greece - as «aggression» and in the attitude(relation) ÑÑÐ and USA - « agressive war » 1.
In the Geneva conventions on protection of victims of war alongside with the terms of «war», « condition of war » the term « âîîðóæ ё ííûé the conflict » is widely applied.
In the agreements for the mutual help, çàêëþ÷ ё ííûõ after the second world(global) war, term « the agressive war » does not meet, and the term «aggression» and « âîîðóæ ё ííîå an attack » is applied.
Whether Means âñ ё it, what concept « the agressive war » can be replaced by concepts « application of force », «aggression», « âîîðóæ ё ííîå an attack » and should not be allocated in the responsibility of a separate kind âîîðóæ ё ííîé of aggression? By no means is not present. The agressive war is and continues to remain the kind, most dangerous and attracting the widest international responsibility, âîîðóæ ё ííîé of aggression. In spite of the fact that now from life of company, the danger of agressive wars, both in world(global), and in local frameworks has not disappeared. As to the responsibility for agressive war, that, as is known, before the second world(global) war the agressive war was announced by an international crime, and in the Charter and sentences of the International military tribunal in Nuremberg, in which the principles becoming then principles of the international law are formulated, they are qualified as « crimes against the world ».
The concept of agressive war develops of two components: concept of war and concept àãðåññèâíîñòè or aggression. However neither that, nor other concept has not the conventional definition(determination) in the international law. The majority of the lawyers - международников for want of definition(determination) of concept of war the recognitions by them of a condition of war are guided by by formal criterion of the announcement of war, availability at the struggling parties animus belligerenti. For example, Л. Îïïåíãåéì writes: « the Unilateral violent actions, one state against other without the preliminary announcement of war, can be the reason of occurrence of war, but in themselves are not war, as the opposite party does not answer them by similar hostile actions, or, at least, declaration, that they consider these actions as the sertificates(acts) of war » 1. The australian lawyer - международник Äæ. Ñòðàðê states the same point of view;!from the point of view of åù ё sharply. As he said, « a Nature of war in itself becomes more exact îïðåäåë ё ííîé as the formal status âîîðóæ ё ííûõ of hostile actions, in which the intention of the parties should be a determinative. Thus, the condition of war can be established(installed) between two and more by states ïóò ё ì of the formal announcement of war, even between them active military actions » 1 never took place.