ABSTRACT
Indeed, during debates in the International Law Commission (ILC) on a closely related issue-the concept of the “injured state” for the purpose of determining the legal consequences of acts characterized as crimes in draft Article 19 of Part One of the draft Articles on State Responsibility-several members of the Commission objected to the Special Rapporteur’s view that all states were injured by an international crime. They insisted that “a clear differentiation between States directly injured and those acting as defensores leges was called for.” Report of the International Law Commission on the Work of Its Forty-Seventh Session, U.N. GAOR, 50th Sess., Supp No. 10, at 112, para. 279, U.N. Doc. A/50/10 (1995). A fortiori, as regards the consequences flowing from a mere delict of a state, this distinction should carry weight.
