France is financing and supplying weapons to rebels in Congo that are attempting to take over power in Congo. The rebel leader is arrested in Congo and convicted for rebellion. He serves his sentence in a prison owned and administered by Congo. The rebel leader is left without food for days and unable to consult with a lawyer.

Also assume France and Congo have a long-standing territorial dispute. Since time immemorial both States have argued about the sovereignty over Sunset Island, some 200 miles south off the coast of the France. Since the Second World War, Sunset Island has been part of France. One sunny morning, an impressive flotilla of the Congo navy appears on the horizon of Sunset Island. When asked for an explanation, Congo mentions that there is nothing to worry about since it is a regular biannual naval manoeuvre. France replies that Congo has no authorization to enter France's territorial waters. When the Congo fleet enters France's territorial sea, the Governor of Sunset Island orders to fire at the Congo navy

Question is : Can Congo be internationally responsible if the rebel leader is tortured, by a prison guard in a Congo prison ?