وضعيت حقوقي دولت صدمه نديده و مسئوليت بين المللي

Legal status of the undamaged State and international liability

Identifying a State, which has suffered losses due to a breach of commitment, is a discussion in internal and international laws involving various views and opinions. Notions such as "equality of conditions", "close and immediate cause", "principal and customary cause", "conventional relation in internal law", "directly-damaged State" and "third state" are some of the views in international law. With the International Court of Justice issuing its opinion about the construction of a separation wall in the occupied Palestinian territory, a new definition of "third state" or a state that has not suffered losses directly, was put forth. This article delves, with a theoretical and analytical approach, into the views of international juridical authorities defining third state and its relation with the subject matter with reference to international liability of the perpetrating state. The acceptance of two types of international liabilities related to the breach of international obligations is one of the significant outcomes of this discussion.