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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