Under Article 8 ARSIWA, conduct of a PRIVATE PERSON or group of persons is attributable to a State if:
Answer & Solution
Correct answer: A.
1. Article 8 ARSIWA: 'The conduct of a person or group of persons shall be considered an act of a State under international law if the person or group of persons is in fact acting on the instructions of, or under the direction or control of, that State in carrying out the conduct.'
2. The ICJ in Nicaragua v. USA (1986) used the 'EFFECTIVE CONTROL' test for attribution.
3. The ICTY in Tadic (Appeals Chamber, 1999) used a wider 'OVERALL CONTROL' test for armed groups.
4. The ICJ in Bosnia v. Serbia, Application of the Convention on the Prevention and Punishment of the Crime of Genocide, 2007 ICJ Rep 43, applied the 'EFFECTIVE CONTROL' test (rejecting Tadic's broader overall control standard).
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / ICJ Statute / ARSIWA 2001 — ARSIWA 2001, Article 8; Military and Paramilitary Activities (Nicaragua v USA), 1986 ICJ Rep 14; Bosnia v Serbia, 2007 ICJ Rep 43_
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