✓ Both acts and omissions are capable of breaching a conventional or customary obligation.
5
Diplomatic and Consular Staff case: ➢ First, it must be determine how far the acts may be regarded as imputable to the Iranian State. ➢ Secondly, it must consider their compatibility or incompatibility with the obligation of Iran under treaties or under any other rules of IL that may be applicable.
UN Draft Articles on the Responsibility of States for Internationally Wrongful Acts 2001
(《国家对国际不法行为的责任条文草案》)
• The fact that an obligation under international law is inconsistent with domestic law is not a defence to an alleged breach of an international legal obligation. • The law of state responsibility started from states’ obligation on the standards of treatment to nationals of other states. • The law of state responsibility is customary and residual.