Treatment of Aliens 1
Treatment of Aliens 1
Treatment of Aliens 1
1. International delinquency
2. Acts or omissions directly or indirectly imputable to the state.
3. Injury to the claimant state indirectly because of its national.
Liability will attach to the state where its
treatment of alien falls below the
international standard of justice or where
it remiss in according him the protection
or redress that is warranted by the
circumstances.
Conditions required for the enforcement of Doctrine of
State Responsibility
1. Right to have his request complied with by the receiving State to so inform
he consular post of his condition;
2. Right to have his communication addressed to the consular post
forwarded by the receiving State accordingly;
3. Right to be informed by the competent authorities of he receiving State
without delay his rights as mentioned above (Article 36 par. 1, Vienna
Convention on Consular Relations).
The International Court of Justice has
determined that Article 36 par. 1, Vienna
Convention on Consular Relations, creates
individual right for the detained person in
addition to the rights accorded the sending
States (La Grand Case [Germany v. United
States]).
REFUGEE