Abstract
Chapter V (Part 1) of the ILC&s1Articles on State Responsibility2contains sixcircumstances which, when invoked justify, or excuse,3the commission of acts that are otherwise unlawful against another State.4The circumstances attenuate or remove responsibility entirely. These circumstances are namely: consent (Article 20), selfdefence (Article 21), countermeasures (Article 22), force majeure (Article 23), distress (Article 24), and necessity (Article 25). Nonetheless, Article 26 of the ILCASR states that ‘[n]othing in this Chapter precludes the wrongfulness of a State which is not in conformity with anobligation arising under a peremptory norm of general international law.’
Publisher
Cambridge University Press (CUP)
Subject
Law,Political Science and International Relations
Reference90 articles.
1. ILC's Commentary 188.
2. A Thomas Van Wynen and Thomas AJ Jr , Non-Intervention: The Law and Its Import in the Americas (1956), at 92.
3. An instance of this is the dispatch of the UK troops to Muscat and Oman in 1957. See House of Common (HC) Debates, col 872.
4. The Right of States to Use Armed Force
5. Towards Effective Collective Security and Human Rights Protection in Africa: An Assessment of the Constitutive Act of the New African Union
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