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The Law of International Responsibility edited by Crawford, James; Pellet, Alain; Olleson, Simon; Parlett, Kate
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Part III The Sources of International Responsibility, Ch.33.7 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Necessity

Sarah Heathcote

From: The Law of International Responsibility

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

Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Series:
Oxford Commentaries on International Law
Published in print:
20 May 2010
ISBN:
9780199296972

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 25 January 2020

Necessity, previously called ‘state of necessity’ by the ILC, refers to situations where the sole means by which a State, or possibly the international community as a whole, can safeguard an essential interest threatened by a grave and imminent peril, is temporarily not to respect an international obligation protecting an interest of lesser value.1 The interest being thus protected might be one of the State alone, or perhaps, one of the international community as a whole.2 Elevating necessity to the rank of a circumstance precluding wrongfulness, a State, or...
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