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We discussed whether conditions 1 and 3 are distinct elements of the due diligence obligation or substantively the same. We were unable to reach agreement on this question, but would suggest that if condition 1 is distinct from condition 3, it would be beneficial to provide a brief definition of "contrary to the rights of a victim State" to clarify its meaning.

We also discussed condition 4 (serious adverse consequences) and agreed that in fact this condition is relatively unsettled under present international law - see e.g. p.36-37, Tallinn 2.0 (paras 25-26).

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