2 - When the Rebels Are Successful at Establishing a New Government

Summary

This Chapter focuses on the situation where acts by the rebels or the government are committed in the context of the insurgent’s struggle for the establishment of a new government. When the rebels are successful, the new government remains responsible for the acts committed by the previous government while fighting the rebels. Also, the acts committed by the rebels during the insurgency are attributable to the State after their victory. When the rebels are not successful, the acts committed by them are not attributable to the State once the insurgency has failed. There are two ‘exceptions’ to this principle involving lawful ‘routine activities’ performed by the rebels and expropriation act committed by them which results in some benefits for the State. The rebels are always responsible for their own wrongful acts. A State is always responsible for its own failure to exercise its due diligence obligation to protect third States and foreigners during the insurgency. Responsibility arises as a result of a State’s failure to discharge its due diligence obligation of vigilance, prevention and punishment in relation to the conduct of rebels.