Circumstances precluding wrongfulness: Difference between revisions
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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: |
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# 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 |
# 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> |
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# 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 |
# 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> |
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# 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 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> |
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# 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 |
# 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> |
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# 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 |
# 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> |
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# 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 |
# 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> |
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Revision as of 15:56, 16 February 2021
Definition
Circumstances precluding wrongfulness |
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The wrongfulness of specific conduct is precluded if one of the following conditions is met:
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Appendixes
See also
Notes and references
- ↑ 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.