If the government is obligated to state what happened to the man in its custody, its officials are bound to inform their government. It might be that the custodians themselves perish in a calamity together with the men in their custody, and therefore cannot furnish any information. But if they are alive, and are silent, the government has to bear the consequences. The commission holds that under international law the respondent government is liable for the damages in this act of a state official and resulting in injustice.
[Duty not to harm]