Circumstances precluding wrongfulness: Difference between revisions
Jump to navigation
Jump to search
Content added Content deleted
(Created page with "== Definition == <section begin=Definition /> {| class="wikitable mw-collapsible" style="background-color:#ffffcc;" |- ! scope="col" style="background-color:#ffffaa;"| Circum...") |
(added National positions) |
||
(8 intermediate revisions by 2 users not shown) | |||
Line 4: | Line 4: | ||
{| class="wikitable mw-collapsible" style="background-color:#ffffcc;" |
{| class="wikitable mw-collapsible" style="background-color:#ffffcc;" |
||
|- |
|- |
||
! scope="col" style="background-color:#ffffaa;"| Circumstances precluding wrongfulness |
! scope="col" style="background-color:#ffffaa;"| [[Circumstances precluding wrongfulness]] |
||
|- |
|- |
||
|A specific cyber-relation action or omission will only constitute an internationally wrongful act in the absence of circumstances precluding its wrongfulness.<ref>Cf. Articles on State Responsibility, commentary to Part One, chapter V, para |
|[[File:Circumstances precluding wrongfulness.svg|left|frameless|200x200px]]A specific cyber-relation action or omission will only constitute an internationally wrongful act in the absence of circumstances precluding its wrongfulness.<ref>Cf. ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf 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”).</ref> |
||
The wrongfulness of specific conduct is precluded if one of the following conditions is met: |
The wrongfulness of specific conduct is precluded if one of the following conditions is met: |
||
# 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;<ref>Articles on State Responsibility, Art |
# 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;<ref>ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf Articles on State Responsibility], Art 20.</ref> |
||
# the conduct of the acting State qualifies as a lawful measure of self-defence taken in conformity with the UN Charter;<ref>Articles on State Responsibility, Art |
# the conduct of the acting State qualifies as a lawful measure of self-defence taken in conformity with the UN Charter;<ref>ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf Articles on State Responsibility], Art 21.</ref> |
||
# the conduct of the acting State constitutes a lawful [[Countermeasures|countermeasure]] taken against another State;<ref>Articles on State Responsibility, Arts 22 and 49–54.</ref> |
# the conduct of the acting State constitutes a lawful [[Countermeasures|countermeasure]] taken against another State;<ref>ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf Articles on State Responsibility], Arts 22 and 49–54.</ref> |
||
# the conduct of the acting State is justified by the existence of a situation of force majeure;<ref>Articles on State Responsibility, Art |
# the conduct of the acting State is justified by the existence of a situation of force majeure;<ref>ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf Articles on State Responsibility], Art 23.</ref> |
||
# 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;<ref>Articles on State Responsibility, Art |
# 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;<ref>ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf Articles on State Responsibility], Art 24.</ref> |
||
# 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 |
# 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”).<ref>ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf Articles on State Responsibility], Art 25.</ref> |
||
|}<section end= |
|}<section end=Definition /> |
||
== National positions == |
|||
===[[National position of the Czech Republic (2024)|Czech Republic (2024)]]=== |
|||
{{#lst:National position of the Czech Republic (2024)|CZ_2024 circumstances precluding wrongfulness}} |
|||
== Appendixes == |
== Appendixes == |
||
Line 26: | Line 30: | ||
=== Bibliography and further reading === |
=== Bibliography and further reading === |
||
<!-- |
|||
* MN Schmitt (ed), ''Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations'' (CUP 2017) |
* MN Schmitt (ed), ''Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations'' (CUP 2017) |
||
* Etc. |
* Etc. |
||
--> |
|||
[[Category:Legal concepts]] |
Latest revision as of 13:09, 29 February 2024
Definition[edit | edit source]
Circumstances precluding wrongfulness |
---|
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:
|
National positions[edit | edit source]
Czech Republic (2024)[edit | edit source]
"61. The Czech Republic recognises that wrongfulness of a cyber activity is precluded in the case of consent, self-defence, countermeasures in respect of internationally wrongful act, force majeure, distress or necessity."[8]
Appendixes[edit | edit source]
See also[edit | edit source]
Notes and references[edit | edit source]
- ↑ Cf. ILC 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”).
- ↑ ILC Articles on State Responsibility, Art 20.
- ↑ ILC Articles on State Responsibility, Art 21.
- ↑ ILC Articles on State Responsibility, Arts 22 and 49–54.
- ↑ ILC Articles on State Responsibility, Art 23.
- ↑ ILC Articles on State Responsibility, Art 24.
- ↑ ILC Articles on State Responsibility, Art 25.
- ↑ Ministry of Foreign Affairs of the Czech Republic, "Czech Republic - Position paper on the application of international law in cyberspace" (27 February 2024) 15 (footnotes omitted).