Direct International Wrong arises when one state is in direct breach of an obligation owed to another state. Examples of Direct International Wrongs include;
A. Breach of a Treaty
Breach of a treaty made between states will be a direct international wrong.
B. Damage to the Property
ICJ’s first ever case is Corfu Channel Case: UK vs. Albania which in itself is a demonstration of direct international wrongs in terms of damage to the property.
C. Failure to respect the Territorial Rights
Either by use of force or by arrest of wanted criminal on the territory of another state as made US Navy Seals the arrest of Bin Laden in the territory of Pakistan, is the example of direct international wrongs in terms of disrespecting territorial rights.
Similarly, another important case in this regard is ‘Eichmann Case’ of 1962 which was filed after Israel sent its force to capture a Jewish criminal from Argentine.
D. Illegal Flights in the Air Space of another State
U2 incident is important to clarify this aspect of Direct International Wrongs. In this incident a spying place of America ‘U2’ was shot down by Russia when it illegally crossed the air space of Russia as well as Pakistan during the Cold War.
E. Acting in Territorial Sea
A state may cause Direct International Wrong to another state by carrying out any other activities except navigation in the 12 nautical miles of the sea of the state.
F. Escape of Toxic Fumes
Even allowing the toxic fumed from an industry or by any other means to escape to the territory of another state is also a form of Direct International Damages.
Case Reference: Trail Smelter Arbitration; US vs. Canada (1938, 1941)