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国家不法(不当)责任是国际法律责任的重要组成部分。随着《国家对国际不法行为的责任条款草案》二读的通过,对于这一问题的研究有了新的进展。“9.11事件”发生后,美国强行认定阿富汗应当为此次恐怖袭击承担国家不法(不当)责任,并打着“反恐”的旗号,擅自对阿富汗发动了军事战争。随后,世界各国也展开了一系列的“反恐”活动。“反恐”问题的产生在一定程度上对国家不法(不当)责任的制度造成了影响。然而,根据国家不法(不当)责任的构成要件,恐怖组织的行为并不等同于国家的行为,阿富汗既没有构成国家不法行为,也没有违反相关的义务,其并不需要为“9.11事件”承担任何责任,美国的做法则是对国家不法(不当)责任含义的曲解和任意摊派。
The wrongful (wrongful) responsibility of a State is an important part of international legal responsibility. With the second reading of the draft articles on “Responsibility of a State for internationally wrongful acts”, new progress has been made in the study of this issue. After the “9.11 incident,” the United States forcibly assumed that Afghanistan should bear the wrongful (inappropriate) responsibility of the country for the terrorist attack and carried out a military war on Afghanistan under the banner of “anti-terrorism.” Subsequently, various countries in the world also launched a series of “anti-terrorist” activities. The emergence of the “anti-terrorist” issue has, to some extent, affected the system in which the state has illegal (inappropriate) responsibilities. However, according to the constitutional elements of the wrongful (inappropriate) responsibility of the State, the acts of terrorist organizations do not equal the acts of the State. Afghanistan does not constitute neither a state wrongdoing nor a breach of relevant obligations. It does not need to provide “9.11 incident / ”To assume any responsibility, the United States practice is to misinterpret and arbitrarily apportion the meaning of the wrongful (improper) responsibility of the state.