Circumstances precluding wrongfulness: Difference between revisions
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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 25.</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 “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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== National positions == |
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===[[National position of the Czech Republic (2024)|Czech Republic (2024)]]=== |
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{{#lst:National position of the Czech Republic (2024)|CZ_2024 circumstances precluding wrongfulness}} |
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== Appendixes == |
== Appendixes == |
Latest revision as of 13:09, 29 February 2024
Definition[edit | edit source]
Circumstances precluding wrongfulness |
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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:
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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).