Plea of necessity: Difference between revisions

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===[[National position of Japan|Japan]]===
{{#lst:National position of Japan|JP necessity }}
===[[National position of Norway: 2021|Norway: 2021]]===
{{#lst:National position of Norway|NO_2021 necessity }}
===[[National position of Switzerland|Switzerland]]===
{{#lst:National position of Switzerland|CH necessity }}

Revision as of 09:31, 13 September 2021

Definition

Plea of necessity
The plea of necessity allows a State to act in exceptional cases when there is grave and imminent peril to an essential interest of the State and the action in question is the sole means of safeguarding that interest.[1] Even then, the plea of necessity requires that the injured State’s action be balanced with the interests of any States that would be affected and with those of the international community.[2] The injured State’s action must not seriously impair the essential interests of any other State.[3] The plea of necessity is not available to injured States that have substantially contributed to the situation in which they find themselves.[4] However, the plea of necessity can be asserted to take action against non-State actors and can justify actions that violate the rights of non-responsible States, if these conditions are met. In case the situation of necessity is caused by the conduct of non-State actors, attribution of this conduct to a State is not a precondition for acting based on the plea of necessity.

National positions

France

Germany

Japan

Norway: 2021

National position of Norway

Switzerland

The Netherlands

Appendixes

See also

Notes and references

  1. ↑ ILC Articles on State Responsibility, Art 25(1)(a).
  2. ↑ ILC Articles on State Responsibility, Art 25(1)(b).
  3. ↑ ILC Articles on State Responsibility, Art 25(1)(b).
  4. ↑ ILC Articles on State Responsibility, Art 25(1)(b).

Bibliography and further reading

Retrieved from "https://cyberlaw.ccdcoe.org/wiki/Plea_of_necessity?oldid=2725"