Comparative Chart Between “Effective Control”, “Overall Control” and “Teoría del Riesgo Creado”.
Nelson Fabian Reyes Ramírez ID: 0000039671
Effective Control
Developed by: Case Concerning
Application of The Convention on
The Prevention And Punishment Of
The Crime Of Genocide
In the face of international responsibility,
the State is responsible for the illegal acts
of its own organs, whatever they may be,
and of those groups or persons that are
not its own organs but over which the
State exercises effective control, that is,
that the conduct of a person or group of
persons must be regarded as an act of a
State in accordance with international law
if the person or group of persons was in
fact in accordance with the instructions of
that State, or under its direction or control,
when he carried out the behavior.
This concept is taken up by the Court of its
decision in the case related to military and
paramilitary activities in
Nicaragua and against Nicaragua
(Nicaragua against the United States of
America) (fund of the subject)
International Law
Responsibility of the State
Overall Control
Developed by: International Criminal
Tribunal for the former Yugoslavia.
The Prosecutor v. Dusko Tadic,
The definition of what is overall control has its
origin in the examination and application of
the sources of customary international law of
state responsibility.
To determine that a state is exercising
"general control" over a group of individuals
that perform an internationally wrongful act, it
must be taken into account that the group
must show a high level of organization and
structure; it must have a developed chain of
command and hierarchy; act in their "area of
action" where each member knows and
follows both direct orders and pre-existing
rules of conduct.
On the other hand it is necessary that the
group depends on the state in such a way
that it can be presumed that the control
exercised has caused the act in question.
The control exercised over the group that
carries out the act must reach a degree of
participation in the general level of planning,
organization or cooperation of military
operations or other activities that involve a
series of acts or a complex nature, which
demonstrates that The state was exercising
de facto control over the group and the
activity.
30/04/2019
Teoría del Riesgo Creado
Developed by: Caso de la masacre de
Pueblo Bello Vs Colombia
The State is responsible under the theory
of risk created when this promotes the
creation of objective situations of risk for
its inhabitants and does not adopt all the
necessary or sufficient measures to
prevent them from continuing to cause
risk and consequences for its inhabitants,
reaching the scenario of that this risk is
caused by a state act or omission.
As long as the risk created by the state
persists, the statehas special duties of
prevention and protection, as well as the
obligation to diligently investigate acts or
omissions of state agents and individuals
that attempt against the civilian
population.
As for the concrete case, the State, by
encouraging the creation of self-defense
groups with specific purposes, but since
these groups overflowed and began to act
outside the law, the State is responsible
for combating them and, on the other
hand, adopting the measures of
reparation. integral to those affected by
the actions of these delinquent groups.
 Comparative Chart Between “Effective Control”, “Overall Control” and “Teoría del Riesgo Creado”.

Nelson Fabian Reyes Ramírez ID: 0000039671 International Law 30/04/2019