safeguarded under international law per the right to resist.70 It further
entails international mobilization, not only on the front of international
civil society, but also by means of state and governmental interventions.
3.1. Framework’s Legal Foundations
This framework finds its legal foundations in customary international law, jus
cogens norms, and best practices of states, concomitantly with international
human rights law (particularly international refugee law), humanitarian law,
and criminal law. The proposed framework inevitably includes the laws of
state responsibility, where states are under an obligation not to commit
an internationally wrongful act.71 Upon the commission of such an act,
international responsibility is triggered, and the state concerned is thereby
under an obligation to cease the act if it is ongoing, make full reparations
for the injuries caused, and offer assurances of non-repetition.72 The
obligation to provide reparations for the wrongs committed is a basic rule
of international law. In the Chorzów Factory case, the Permanent Court of
International Justice stated that “it is a principle of international law, and
even a general conception of the law, that any breach of an engagement
involves an obligation to make reparation.”73 The wrongdoer state should
wipe out, as far as possible, “all the consequences of the illegal act,” and
re-establish “the situation which would, in all probability, have existed if
70 3070 (XXVIII). Importance of the universal realization of the right of peoples to selfdetermination and of the speedy granting of independence to colonial countries and peoples
for the effective guarantee and observance of human rights (30 November 1973) UNGA
Res A/RES/3070(XXVIII) <https://digitallibrary.un.org/record/191219?ln=en> accessed 5
April 2023.
71 International Law Commission, Draft Articles on Responsibility of States for Internationally Wrongful
Acts, with commentaries (November 2001) Supplement No. 10 (A/56/10), chp.IV.E.1 [hereinafter
ILC, Draft Articles on State Responsibility] <http://legal.un.org/ilc/texts/instruments/
english/commentaries/9_6_2001.pdf> accessed 5 April 2023.
72 Ibid, art 28-31.
73 Factory At Chorzów (Germany v Poland), Merits Judgment, (13 September 1928) 1928 PCIJ Series
A No 17, para. 102 <http://www.icj-cij.org/files/permanent-court-of-international-justice/
serie_A/A_09/28_Usine_de_Chorzow_Competence_Arret.pdf> accessed 5 April 2023.
21
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