Circumstances precluding wrongfulness

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Definition[edit | edit source]

Circumstances precluding wrongfulness
Circumstances precluding wrongfulness.svg
A specific cyber-relation action or omission will only constitute an internationally wrongful act in the absence of circumstances precluding its wrongfulness.[1]

The wrongfulness of specific conduct is precluded if one of the following conditions is met:

  1. the State affected by that conduct gives its valid consent to the commission of the relevant act, as long as the act remains within the limits of that consent;[2]
  2. the conduct of the acting State qualifies as a lawful measure of self-defence taken in conformity with the UN Charter;[3]
  3. the conduct of the acting State constitutes a lawful countermeasure taken against another State;[4]
  4. the conduct of the acting State is justified by the existence of a situation of force majeure;[5]
  5. owing to a situation of distress, the acting person has no other reasonable way of saving their own life or the lives of other persons entrusted to their care;[6]
  6. the conduct of the acting State is the only way for the State to safeguard an essential interest against a grave and imminent peril (also referred to as acting under the “plea of necessity”).[7]

Appendixes[edit | edit source]

See also[edit | edit source]

Notes and references[edit | edit source]

  1. Cf. Articles on State Responsibility, commentary to Part One, chapter V, para. 1 (“The existence in a given case of a circumstance precluding wrongfulness ... provides a shield against an otherwise well-founded claim for the breach of an international obligation”).
  2. Articles on State Responsibility, Art. 20.
  3. Articles on State Responsibility, Art. 21.
  4. Articles on State Responsibility, Arts 22 and 49–54.
  5. Articles on State Responsibility, Art. 23.
  6. Articles on State Responsibility, Art. 24.
  7. Articles on State Responsibility, Art. 25.

Bibliography and further reading[edit | edit source]