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Attribution of Conduct to a State

Judgment for sale

It is important to recall that the conduct of any State organ is considered to be an act of that State, whether the organs exercises legislative, executive, judicial or any other functions, whatever position the State holds and whatever its character as an organ of the Government.

It should also be kept in mind that ‘successor governments’ remain bound by the acts incurred by the ‘predecessor governments’. States are also responsible for the ultra vires acts of officials committed within their apparent or general scope of authority. If a person is arbitrarily detained or tortured by a police officer not under official duty, but seeming to act in the role of police officer to the average observer, the torture can still be attributed to a wrongful act of the State.

In the same manner, when the authorities of a State, irrespective of whether they are acting pursuant to an official policy, fail to protect individuals from human rights abuses, they are also in violation of international law and therefore incur State responsibility.

Finally, acts or omissions committed by a person or group are considered to be the acts of a State if the person or group is in fact acting on the instruction of, or under the direction or control of that State.

States as Guardians of the Rights of Individuals

The State of the injured national to claim against the offending State at the inter-State level. It is in this perspective that States may claim reparation from the offending State but the victims themselves have no standing to bring international claims". Read Text: States as Guardians of the Rights of Individuals

International courts and tribunals
In honouring the victims’ right to benefit from remedies and reparation, the international community keeps faith with the plight of victims, survivors and future human generations and reaffirms international law in the field. The Principles and Guidelines on the Right to a Remedy ... International courts and tribunals

Abu Dhabi, United Arab Emirates (UAE)
The judgment awarded by the Apex Court in accordance with the UAE Law of Criminal Procedure:-
Key excerpts from the Judgments, the Legal Court of First Instance & the Appex Court, Abu Dhabi

Judgment (Final, Legal Court of Appeal) of Ministry of Justice, Abu Dhabi, UAE (View in Arabic; English)

Judgment (Legal Court of First Instance) of Ministry of Justice, Abu Dhabi, UAE (View in English

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