Circumstances precluding wrongfulness (2) / consequences of wrongful conduct (1) S12 Flashcards
(10 cards)
Name the ILC Articles giving recognized circumstances precluding wrongfulness
ILC Articles giving recognized circumstances precluding wrongfulness:
1) ILC Article 20
2) ILC Article 21
3) ILC Article 22
4) ILC Article 23
5) ILC Article 24
6) ILC Article 25
Explain what is stated in ILC Article 20
ILC Article 20 (consent):
1) A state can authorize another state’s actions
2) Must be freely given, clear, and from a competent authority
3) Limiting itself to what was explicitly agreed to
Explain what is stated in ILC Article 21
ILC Article 21 (self-defense):
1) is permitted under Article 51 of the UN Charter
2) is only against an armed attack and must follow necessity and proportionality
3) cannot excuse violations of international humanitarian law
Explain what is stated in ILC Article 22
ILC Article 22 (lawful countermeasures):
1) are temporary breaches to induce compliance with international law
2) must be proportionate, non-violent, targeted only at the violating state and preceded by demands for compliance and negotiations)
3) cannot breach jus cogens norms
Explain what is stated in ILC Article 23
ILC Article 23 (force majeure):
1) an uncontrollable event makeing performance impossible
2) must be unforeseeable and not caused by the state itself
3) requires material impossibility, not just hardship
Explain what is stated in ILC Article 24
ILC Article 24 (distress):
1) applies when a state agent must break the law to avoid death/serious harm
2) not allowed whe the state caused the emergency or the act causes greater harm
3) excuses the state from international responsibility in rare cases
Explain what is stated in ILC Article 25
ILC Article 25 (necessity):
1) used in exceptional cases to protect a vital interest from a grave and imminent peril
2) conditions:
2.1) no other lawful way to protect the interest
2.2) the breached obligation is less important than the interest at risk
2.3) the state must not have contributed to the situation
3) cannot be used against obligations owed to the international community as a whole
Name and explain a limit on the circumstances precluding wrongfulness from the ILC Articles
No justification and not the circumstances precluding wrongfulness from the ILC Articles can excuse violations of jus cogens norms
Name and explain the main obligations of a state that commits a wrongful act
Obligations of a state that commits a wrongful act:
1) Stop the wrongful conduct immediately
2) Make reparations for the harm caused
These obligations are independent of the original duty that was breached: the state must still comply with the original rule even after the violation
Name and explain the forms of reparation possible
Forms of reparation:
1) Restitution: restore the original situation
2) Compensation: pay for measurable losses
3) Satisfaction: symbolic remedies like apologies (used for moral or reputational harm)
4) Interest: sometimes added to financial compensation for delays
