Article 16 ARSIWA addresses the situation where a State AIDS OR ASSIST…

Question

Article 16 ARSIWA addresses the situation where a State AIDS OR ASSISTS another State in committing an internationally wrongful act. The aiding State is RESPONSIBLE if:

Accepted Answer

C. the aiding State does so with KNOWLEDGE of the circumstances of the internationally wrongful act; AND (b) the act would be internationally wrongful if committed by that aiding State

1. Article 16 ARSIWA: 'A State which aids or assists another State in the commission of an internationally wrongful act by the latter is internationally responsible for doing so if: (a) that State does so with knowledge of the circumstances of the internationally wrongful act; and (b) the act would be internationally wrongful if committed by that State.'
2. Two cumulative conditions: (a) KNOWLEDGE; (b) the act would be wrongful if committed by the aiding State.
3. ILC commentary emphasises that the aiding State must have intended to facilitate the wrongful act.
4. The principle is applied in cases like arms transfers to States committing genocide / atrocities.
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — ARSIWA 2001, Article 16_

Answer

the aiding State has provided any assistance whatsoever, regardless of knowledge (cf. ARSIWA 2001, Article 16) (cf. ARSIWA 2001, Article 16) (cf. ARSIWA 2001, Article 16)

Answer

the aiding State is geographically adjacent to the wrongdoer (cf. ARSIWA 2001, Article 16) (cf. ARSIWA 2001, Article 16) (cf. ARSIWA 2001, Article 16)

Answer

the aiding State has financial interests in the wrongdoer's economy (cf. ARSIWA 2001, Article 16) (cf. ARSIWA 2001, Article 16) (cf. ARSIWA 2001, Article 16)