State of Necessity
Max Planck Encyclopedia of Comparative Constitutional Law, 2019
Posted: 2 Jul 2019
Date Written: February 30, 2018
Abstract
State of necessity is used in international law to preclude the wrongfulness of a state’s action which is in prima facie violation of international law. It has a recognized presence in criminal and civil law, and is recognized in the civil law tradition and in the common law tradition, where an actor, confronted with two options, may choose the lesser evil—even if in violation of the law.
Keywords: International law, State of emergency, National security, State of necessity, Revolution, Terrorism
Suggested Citation: Suggested Citation
Khalil, Asem, State of Necessity (February 30, 2018). Max Planck Encyclopedia of Comparative Constitutional Law, 2019, Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. Forthcoming, Available at SSRN: https://ssrn.com/abstract=3412571
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