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Article 2 - State Responsibility
Article 2. This article lists down the elements of what constitute International wrongful act of a state. Means both wrongful acts and omission to act will hold a state responsible (if such an omission violates an International Obligation.) The Act should also be attributable to a state if it cannot be attributed then the state cannot be held responsible. For example the "Nicaragua Case", 1986 and also the Pakistan India example given above where the acts complained of by the Indian army were not attributable to Pakistan or Pakistanis. A state should not be held responsible on the basis of a mere allegation.
How was Negligence the main cause? Negligence was the major cause: A claim for damages can only succeed when there has been damage or loss to the claimant. Illustrations
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