Mistake of Fact in the Establishment of a Breach

This chapter addresses the second element of a wrongful act (the establishment of a breach) and discusses the potential influence of a mistake of fact. The author starts by discussing the extent to which the International Law Commission’s (ILC) Articles on State Responsibility contemplate mental elements and fault (culpa) in the definition of an internationally wrongful act. Then, the author addresses special areas of international law where the issue has arisen: the shootdown of civil aircraft, the arbitrary deprivation of life by law enforcement, the exclusion of international criminal responsibility and the role played by mistakes in responsibility by catalysis.