The wrongfulness of countermeasures can be precluded only if the target State has committed an internationally wrongful act. However, the wrongfulness of the act of the target State will not have been objectively determined when countermeasures are taken. This uncertainty surrounding the wrongfulness of the initial act gives special importance to the procedural conditions for countermeasures. These conditions seek to ensure the legality of countermeasures by regulating when and under what circumstances the ‘injured’ State may unilaterally resort to...
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