Strict Liability and Exceptions in International Law

Strict Liability in International Law

Strict liability: The state that creates a risk because an activity is considered dangerous is responsible for the damage it causes even if such activity does not constitute a wrongful act at the international level.

International responsibility does not arise from an internationally wrongful act in this context but from an event, activity, or action that is otherwise lawful. The principle of strict liability applies in particular for damage caused by hazardous activities such as:

• the handling of nuclear reactors,
• radioactive waste disposal,
• space activities.

All these events and activities can be fully legitimate, but their operation may result in accidents that could lead to claims for international responsibility against those who carried them out.

Examples:

1. If a space object falls onto a city;
2. If a ship carrying nuclear waste sinks off the coast of another state.

Circumstances Precluding Illegality

Normally an act is unlawful if it is contrary to the international obligations of a state. However, there are circumstances that preclude the unlawfulness of an act which, in principle, would be wrongful and that therefore internationally exonerate the state that performed it.

Retaliation (Reprisal)

Retaliation is a wrongful act by a state against another which is justified in exceptional circumstances in response to a prior unlawful act committed by the state against which it is addressed. Retaliation is intended to end a juridical wrong, obtain reparation, or possibly prevent a new wrongful act. Domestic law does not permit acts of retaliation in many cases.

Conditions for Legitimacy

International law establishes three conditions for legitimacy:

1. a) There must have been a prior illegal act by the state against which the retaliation is directed; that act should create international responsibility justifying the act of retaliation.
2. b) The injured party must have sought reparation by other means without success before resorting to retaliation.
3. c) Retaliation must not be excessive; it must be proportionate to the provocation received.

Acts of reprisal should not involve the use of armed force. Therefore, military acts of reprisal — such as territorial invasion or the bombing of a city — are not permitted.