State responsibility for violations of human rights, which is still at an embryonic stage, should not be confused with individual criminal responsibility or with State responsibility in classical interstate relations. It is upheld by a number of instruments allowing various forms of recourse, either judicial or not, in front of different national and international institutions. Respect for human rights also rests on the responsibility of States. The International Court of Justice is competent to examine such situations and to compel States to pay reparations. The responsibility of the State is triggered by the action of its agents and notably its armed forces, but also by individuals or groups that act, as a matter of fact, under its effective control (infra). A special pattern of responsibility applies to States in case of violations of their international engagements toward another State. State representatives benefit from jurisdictional immunity, except in matters of war crimes, crimes against humanity, and genocide. Responsibility is often individual, notably in international criminal law. If this obligation is violated, the individual who has committed such an act may be held accountable to his or her civil or criminal responsibilities. A right is most often tied to a reciprocal obligation. The notion of responsibility is an essential part of the implementation and respect for the law.
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