321. The absence of any general requirement of fault or of damage.

321.     The absence of any general requirement of fault or of damage.

As a matter of the general law of international responsibility, the existence of an international wrongful act is ascertained objectively and there is no general requirement of fault, in the sense of either negligence or an intention to harm on the part of the state or its agent1. Nevertheless, by way of exception to that general principle and in application of the principle of lex specialis2, a particular primary rule of international law may require improper motives or a particular mental state in order for