Original: French 49. It is clear from the Application that Sarf Al-lslam Kadhafi is detained in Libya by a "revolutionary brigade". That notwithstanding, the Court holds the view that the Respondent is responsible for the latter's action as well as its acts of omission. The State is indeed under the obligation to take measures to ensure, in its territory , the application of the laws guaranteed under the Charter. 50. As provided for in the Draft Articles of the International Law Commission of the United Nations on the responsibility of States for internationally wrongful 13 acts: "Every internationally wrongful act of a State entails the international responsibility of that State". According to Article 9 of these same Draft Articles: "The conduct of a person or group of persons shall be considered an act of a State under international law if the person or group of persons is in fact exercising elements of the governmental authority in the absence or default of the official authorities and in circumstances such as to call for the exercise of those elements of authority". It is incumbent on "the State responsible for the internationally wrongful act. .. to put an end to such acts ... ." The International Criminal Court (ICC) adopted the same position as this Court when it held that the upheavals affecting Libya cannot exonerate the Respondent from its obligation to cooperate with the ICC in surrendering Saif Al-lslam Kadhafi to it. The Pre-trial Chamber I affirmed that: " The Chamber 1s aware of the volatile political and security situation in Libya and 1s sensitive to the serious difficulties that its authorities are currently facing as well as the need on their part to focus efforts and resources on restoring stability and order, as submitted by Libya. Nonetheless, the Chamber cannot ignore its own responsibilities 13 Document annexed to United Nations General Assembly Resolution 56/83 of 12 December 2001. t1 ,;V&_A_ ~/· ) 20 ~~ ~ rI fJ \ tf,0 , _y!1 ~ -- / ~ 7 )_