Simultaneous Independent and Derivative Responsibility of a State for a Single Internationally Wrongful Act: Theory, Doctrine and the Case of Israel–US Operations against Iran (June 2025)

Document Type : Insight

Authors

1 PHD Student of International Law, Department of International Law, Faculty of Law, University of Qom, Qom, Iran.

2 Associate Professor, International Law, Faculty of Law, University of Qom, Qom, Islamic Republic of Iran.

10.22091/ijicl.2026.14204.1192

Abstract

Abstract

This article advances a doctrinal and normative account of the simultaneity of independent and derivative state responsibility for a single internationally wrongful act and develops the concept of aggravated/compound responsibility where the underlying breach implicates jus cogens norms. Building on the ILC’s Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), the ILC’s articles on consequences of serious breaches (Arts 40–41), and authoritative jurisprudence (notably Nicaragua, Bosnia v Serbia, DRC v Uganda), the article argues that modern networked military operations may generate dual responsibility: a State can be directly responsible for committing a wrongful act and at the same time derivatively responsible for aiding, inducing, or facilitating another State’s identical wrongdoing. The empirical section applies this framework to the June 2025 Israel–U.S. campaign against Iran’s military and nuclear infrastructure, assessing whether the factual record — direct Israeli strikes, reported intelligence-sharing and logistical support for U.S. strikes — satisfies the thresholds for simultaneous independent and derivative responsibility and thereby triggers aggravated legal consequences under Articles 40–41 ARSIWA. The article concludes with doctrinal refinements and policy recommendations for enhancing accountability in interstate cooperative uses of force.

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Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 17 April 2026

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