SHARING INFORMATION WITH STATES THAT TORTURE Torture on this issue would be a welcome development, particularly if it were able to articulate applicable standards in the burden of proof and define the scope for the exclusionary rule by executive actors. Among the principle obligations of the absolute prohibition against torture provided in the UNCAT, elaboration of the emerging duties not to expose a person to a real risk of torture overseas (dealing with outgoing information) and the exclusion of information established to have been obtained by torture (dealing with incoming information) could therefore serve to provide further guidance to States, executive agencies and their actors. Principles of State Responsibility State actors who commit violations of the UNCAT, or in the absence of treaty ratification, violate the comparable customary standards, commit an internationally wrongful act resulting in State responsibility. 29 As well as direct commission of internationally wrongful acts, the Draft Articles on the Responsibility of States for Internationally Wrongful Acts adopted by the International Law Commission (ILC) provide for forms of commission by complicity. The Draft Articles, which were intended to codify existing customary rules, additionally require that no State should provide aid or assistance to an internationally wrongful act (articles 16–18) and should not recognise as lawful a situation created by a serious breach and to cooperate to bring the breach to an end (articles 40–41). It is clear that the forms of complicity considered by the ILC Draft Articles do not include commission by acquiescence. This should therefore be considered as a separate heading of liability under the lex specialis regime applicable for torture. Nevertheless, we should also be mindful that any internationally wrongful act must also be properly attributable to the State, which could narrow the scope for acquiescence as a form of liability. In relation to aiding or assisting an internationally wrongful act, we should ask whether sharing information, putting questions or 29 Draft Articles on Responsibility of States for Internationally Wrongful Acts, adopted by the International Law Commission at its fifty-third Session, in 2001, and submitted to the General Assembly as a part of the Commission’s report covering the work of that session (A/56/10). 25