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Part V The Implementation of International Responsibility, Ch.82 Proportionality

Roger O'Keefe

From: The Law of International Responsibility

Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 May 2024

Responsibility of states — Wrongful acts — Countermeasures — Proportionality and immediacy
Countermeasures are lawful only if taken in accordance with certain conditions. One such condition is the requirement of proportionality, which finds expression in article 51 (‘Proportionality’) of the ILC Articles on Responsibility of States for Internationally Wrongful Acts: Countermeasures must be commensurate with the injury suffered, taking into account the gravity of the internationally wrongful act and the rights in question. The requirement, in some essential form, has long been established as a matter of general international law.1 While a precise...
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