The 2001 International Law Commission (ILC) Articles on State Responsibility is the key instrument in this field despite the fact that it is not a treaty.

State responsibility requires an existing obligation, a breach of this obligation, and attribution of the breach to a State.

The liability of the State is engaged by both acts and omissions. These may be committed by government officials as well as by non-government agents if the act or omission may otherwise be attributed to a State.

Responsibility gives rise to reparation claims by the injured State. These may take the form of restitution, compensation, and satisfaction.