Analyzing the Concept of Attributability of International Responsibility in the Procedure of International Court of Justice

Attributability is among secondary rules of international law. The International Court of Justice (ICJ) has its own methodology and review of its decisions will shed light on development of attributability of responsibility. The main question of this paper is about the rules governing attributability of responsibility in the procedure of the ICJ in view of its main goal which is to settle international disputes and set the rules of customary international law. Cases related to attributability of international responsibility are categorized under these general titles: responsibility for measures taken by state bodies; responsibility resulting from positive acts and responsibility resulting from actions taken by insurgent persons and groups. The process taken by the ICJ shows that it follows a single procedure in almost all cases. Study of the procedure followed by ICJ in the case of the former Yugoslavia is important. Faced with all challenges, the ICJ has regularly stressed on its own procedure. However, it should change that procedure when it comes to attributability of international responsibility to governments in new cases. One of the most important of such cases is terrorist armed attacks in the face of which the court should adopt a new procedure.