The Control Criterion in Attributing Conduct of Non-State Actors to the State in Light of the Iran-United States Claims Tribunal’s Jurisprudence

Document Type : Original Article

Authors

1 University of Qom

2 Department of International Law, Law faculty, University of Qom

10.22091/ijicl.2025.11928.1126

Abstract

The attribution of conduct to the State in international law, especially in international litigation, is a fundamental and complex issue that determines how States are held accountable for the actions of non-State entities. While the principle is that the conduct of State organs is attributable to the State, in certain circumstances, the conduct of non-State actors can also be attributed to the State, provided that the State has control or direction over those entities. The control criterion, particularly in the case law of the Iran-US Claims Tribunal, is a very crucial aspect in determining State responsibility. The Iran-US Claims Tribunal believes that in order to assess State responsibility for the actions of non-State entities, it must be proven that the State has exercised effective control over them. This control requires not only an examination of the powers and statutes of the non-State entities, but also the direct influence of the State on their performance. In the cases involving the Islamic Revolutionary Committees and private entities, the Tribunal has considered clear indications of State responsibility, especially when tangible State control and direction have been proven. For example, in anarchic conditions such as during the revolution, the State cannot evade its responsibility by invoking existing irregularities, but at the same time, in order to attribute the acts of private entities to the State, it is not sufficient to be satisfied with State ownership alone. The Tribunal emphasizes that it must be proven that the actions of non-State entities were carried out at the direction or under the supervision of the State. In short, the Iran-US Claims Tribunal strongly emphasizes the necessity of “effective control” and a causal link between this control and the violation of international law in order to prevent the undue imposition of responsibility on States.

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Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 18 April 2025

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