• cases challenging public policy will, in the absence of an actual or imminent threat, be considered inadmissible. Recommendations A list of recommendations is contained in Part 2. Recommendations relevant to this term of reference include: • • • • • 1.3. 2.1. 2.4. 3.1. 4.2. Application of existing rights Review of domestic regulation Participatory rights Domestic implementation Public awareness State Responsibility Question 4: What is the nature and scope of the responsibility of a State to protect its citizens from environmental damage that may be detrimental to human life, where that damage is caused by: • • the State, but also by; non-State actors who undertake public or private projects 55 Response: A state is responsible for every act or omission which constitutes a breach of any international obligation of that state, including human rights violations.56 A state is also responsible for the actions of organs of the state, as well as for non-state actors exercising governmental authority or where the state uses its control of an entity to achieve a particular result. 57 States are not otherwise responsible for the actions of non-state actors, however, they may be liable for their failure to ensure appropriate control or regulation where the action of a non-state actor in its private capacity violates human rights. Background General Obligations Since the right to life is part of customary international law (indeed, the right to life is jus cogens or a peremptory norm), even states that are not parties to the ICCPR and ICESCR are bound to respect and ensure the enjoyment of this right. More generally, three levels of obligations are imposed on states with regard to human rights, namely obligations to respect, protect and fulfil all human rights. The obligation to respect 55 The question refers to environmental damage that is detrimental to human life. The ACJ has therefore assumed that the environmental damage must be of such significance as to have breached the right to life, as guaranteed by art 6(1) of ICCPR, and/or other rights such as the right to health guaranteed by arts 11(1) and 12(1) of ICESCR. 56 See the International Law Commission’s Draft Articles on the Responsibility of States for Internationally Wrongful Acts 2001 in Asia Pacific Forum, above n 4, 63. 57 See the International Law Commission’s Draft Articles on the Responsibility of States for Internationally Wrongful Acts 2001. - 20 -