Circumstances precluding wrongfulness: Difference between revisions
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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>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 “[[Necessity|plea of necessity]]”).<ref>Articles on State Responsibility, Art. 25.</ref>
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== Appendixes ==
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Revision as of 08:32, 20 September 2018
Definition
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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Appendixes
See also
Notes and references
- ↑ 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”).
- ↑ Articles on State Responsibility, Art. 20.
- ↑ Articles on State Responsibility, Art. 21.
- ↑ Articles on State Responsibility, Arts 22 and 49–54.
- ↑ Articles on State Responsibility, Art. 23.
- ↑ Articles on State Responsibility, Art. 24.
- ↑ Articles on State Responsibility, Art. 25.
Bibliography and further reading
- MN Schmitt (ed), Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations (CUP 2017)
- Etc.