338. Persons or bodies acting upon instructions or under the direction and control of the state.

The conduct of a person, group of persons, or entity which does not constitute an organ of a state may nevertheless be attributable to that state if and to the extent that they or it in fact acted upon the instructions or under the direction and control of the state in carrying out the conduct in question1. For these purposes, at least in relation to the conduct of armed groups, it is necessary to demonstrate that the particular conduct was in fact directed and controlled by the state2. What is relevant is that the state had 'effective control' over