Necessity Article 25 Necessity may only be invoked where it is the only means

Necessity article 25 necessity may only be invoked

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Necessity: Article 25 - Necessity may only be invoked where it is the only means of the state to safeguard an essential interest against a grave and imminent peril and it does not seriously impair an essential interest of the state or states towards which the obligation exists, or of the international community as a whole. - It may not be invoked where: o The international obligation excludes the possibility of invoking necessity, or o The state has contributed to the situation of necessity. - Unlike Article 20, 21 or 22, the plea of necessity is not dependent upon the prior conduct of the injured state. Unlike Article 24 it also does not involve conduct which is involuntary or coerced. Unlike Article 24, necessity consists not in danger to the lives of individuals in charge of a state official but in grave danger to the essential interests of the state or of the international community as a whole. o It arises where there is an irreconcilable conflict between an essential interest on the one hand and an obligation of the state invoking necessity on the other. - Necessity is also subject to primary rules of international law which are absolute; i.e you cannot justify torture which has an absolute prohibition on the basis of necessity. - Necessity may only be invoked where there is no other option available to the state. In the case of Gab č ikovo-Nagymaros Project, the plea was rejected on grounds that there were other options available to the state instead of unilaterally suspending work. Countermeasures: Article 22 - Wrongfulness will be precluded to the extent that the act constitutes a countermeasure taken against the latter State in accordance with Chapter II of Part Three (Articles 49-54) o Article 49: An injured state may only take countermeasures against a state which is responsible for an internationally wrongful act in order to induce that state to comply with its obligations under Part two. o Countermeasures are limited to the non-performance for the time being of international obligations of the state taking measures towards the responsible state. o Countermeasures should be taken in such a way so as to permit the resumption of performance of the obligations in question. - A state who incorrectly assesses the conduct of another state to be unlawful where it is not will be liable. o Where a third state is owed an international obligation by the state undertaking countermeasures and the obligation is breached by the countermeasure, the wrongfulness of
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73 the act is not precluded as against the third state (i.e the third state can still claim liability and the counter-measuring state can still be responsible in respect of damage to the third state) § This is distinct from indirect or collateral consequences for which there is no remedy: i.e where a state suspends travel from another state this will invariably have consequences for other states as well (i.e additional numbers at airports) – the counter measuring state cannot be held responsible for these indirect consequences) -
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