Took Legal Action against
Legal action may also be brought against a State if it is not directly or indirectly responsible for an act or omission, but has assisted another State or a private actor in committing an act. This assistance may take the form of logistical, military or financial support. For example, if land is illegally confiscated from Part A, it may be possible to take legal action against Part B, which now owns the wrongly acquired land or has purchased products grown there. If a government agency is obligated to take a particular action and fails to do so, legal action may be taken against: However, there are exceptions to state immunity where people can often appeal to the courts of a country to hold a foreign state accountable. In some countries, foreign states may be prosecuted if: Example: BHP Billiton & Vale Lawsuits (Brazil) In Brazil, prosecutors have filed murder charges against senior executives of mining giant BHP Billiton for the collapse of one of its dams that destroyed communities and killed 19 people. (ii) You have a real chance of obtaining and enforcing a court order against you if that is your primary purpose (see How do I enforce a court order?) The party against whom the action is brought is often referred to as the “defendant” (the relevant term for your claim depends on the legal system and the nature of the claim). The state, civil servants and public institutions all have legal obligations that oblige them to do certain things and not to do certain things. These obligations constitute what is known as “public law”. For more information about public law, see What laws can I apply?. The key message of this section is that if the state violates public law, you may be able to take action against the state as a whole or against the relevant official/agency.
Example: IFC lawsuit (United States) In U.S. courts, Indian farmers are suing the international financial institution IFC for its investment in a coal mine that has caused severe environmental damage to their land. There is no point in taking action against someone unless individuals can sometimes take legal action against international bodies. “Taking legal action.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/take%20legal%20action. Retrieved 14 January 2022. A “stakeholder” is any person who has an interest in or connection with a business. You could potentially take action against one of the following “stakeholders” in a business: Actions can be brought against a government agency if you contest: In international law, the circumstances in which you can hold the state responsible for an action are governed by a concept called “state responsibility.” It defines the circumstances in which an act, person or entity may be imputed to the State as a whole. In some cases, State officials enjoy immunity. If this is the case, they cannot be sued before the national courts of another country. All public servants enjoy immunity when their acts involve the exercise of official authority.
For example, when they represent their government. A key aspect of this type of immunity is that it lasts forever. In some cases, it is possible to take legal action against the abstract notion of the State as a whole (e.g. the State of India). Example: Danzer Lawuits (Germany/DRC) In Germany and the Democratic Republic of Congo, proceedings are initiated against the management of a Swiss-German forestry company (Danzer) for providing financial and logistical support to Congolese security forces for war crimes against villagers. State immunity is a legal doctrine that limits the ability of a country`s courts to hear lawsuits against foreign states. As a general rule, courts cannot hear cases that complain about the actions of foreign states. For example, a Pakistani citizen cannot appeal to the Pakistani courts to hold the UK accountable for illegal acts.
If the damage you are complaining about was caused by the actions of a company or employees/representatives of a company, another option is to take legal action against the company as an independent legal entity. Nicaragua appealed to the International Court of Justice for U.S. involvement in the civil war. She argued that the United States was responsible for crimes against humanity and war crimes committed by a paramilitary group called “Contras” because it had the level of control over the group. This shows that you may need to be creative when deciding against whom to sue. An obvious target against which a claim can be made is the person or organization directly liable for the damage caused. Example: Drydock trial in Curacao After being forced into forced labor by a multinational ship repair company, 3 exploited Cuban workers filed a civil lawsuit against the company in a U.S. court and received $80 million in compensation for their serious physical and psychological injuries. A “successor” is a person/corporation that inherits ownership, rights, and/or liabilities from another person/company, such as a company that changes its name to a new legal name and takes over the assets of the old company (a “liability” is something for which a company is liable, e.g.
a debt to another company). The state is the sovereign political entity that we commonly refer to as a “country” or “nation.” The state consists of thousands of different components, all of which could be subject to prosecution. Important examples include: Even if individuals or groups engage in activities that are not considered public functions, the state could be held liable if it exercises “effective control” over the individual or group. A State may exercise effective control by commanding, commanding or directing the actions of an individual or group. If there is a government policy or law that has harmed you or your rights, you can take legal action against: Although the ICJ concluded that the United States had no effective control over the Contras (and could not be directly responsible for their actions), the Court found that the United States was responsible for providing military services, logistical and financial support to paramilitary groups in Nicaragua. The United States was subsequently ordered to pay compensation. In some cases, it may be possible to hold the State responsible for acts committed outside its territory or if its acts have effects outside its territory. It is increasingly recognized that the human rights obligations of Governments extend to people living outside their borders. These obligations may arise in the following circumstances: Example: Akdivar v. Turkey Kurdish villagers have successfully filed a lawsuit against the Turkish government before the European Court of Human Rights for forcibly evicting them and destroying them from their homes. The tribunal ordered Turkey to pay compensation and end its deportation practices. There are certain legal restrictions when legal proceedings cannot be brought against States or officials.
However, it is important to remember that this refers to your ability to bring an action against a foreign state in the domestic courts of another country. It may be possible to bring an action against a foreign State before a regional human rights court or an international human rights organization. For more information, see Where can I take legal action? For this reason, complaints against international organizations such as the United Nations or the World Bank had to be dealt with through internal complaints procedures in those organizations. Some senior officials also enjoy different immunity for all their acts, but only for the duration of their mandate.
