International Delinquency (continued)

Abstract

A good many claims were based upon the failure of a Government to fulfil its international obligation to protect foreign persons and their goods, that failure having caused damage to a subject of the claimant State. Such failure may evidently consist in a lack of protection against revolutionists as well as against criminals and bandits. The first category has been dealt with in the chapter concerning the responsibility for acts of revolutionary forces. But since the principles according to which the lack of protection should be judged are the same in both categories, it will be useful to quote here a pronouncement in the case of G. L. Solis ¹) though this was actually concerned with lack of protection against revolutionaries:

„It will be seen that in dealing with the question of responsibility for acts of insurgents two pertinent points have been stressed,namely, the capacity to give protection,and the disposition of authorities to employ proper, available measures to do so. Irrespective of the facts of any given case, the character and extent of an insurrectionary movement must be an important factor in relation to the question of power to give protection.” ²)