Research 41 ILIC 2019

Abstract:  This paper addresses the issue of necessity as a contravention of international responsibility, which is one of the unclear and most complicated issue of public international law, as it is a wide jurisprudential dispute. In fact, states often raise this situation in order to avoid the violation of the rules of public international law.
The importance of this subject lies in the fact that the State pleads necessity when it is faced with an intolerable situation in which to wait and think of the choice of means other than to violate a rule of public international law and to harm another State in order to prevent the serious danger that threatens its fundamental interests. Thus, one of the fundamental problems raised by the state of necessity is its instability in the international community as a rule of the international legal command. Therefore, the purpose of this study is to give an overview of the concept of necessity in public international law and to indicate the legality of invoking the necessity of the absence of international responsibility for breaches of public international law