The Duty Not to 'Recognize as Lawful' a Situation Created by the Illegal Use of Force or Other Serious Breaches of a Jus Cogens Obligation: An Obligation without Real Substance?
THE FUNDAMENTAL RULES OF THE INTERNATIONAL LEGAL ORDER. JUS COGENS AND OBLIGATIONS ERGA OMNES, Tomuschat & Jean-Marc Thouvenin, eds., Martinus Nijhoff, 2005
Posted: 5 May 2006
The Articles of the International Law Commission (ILC) on the Responsibility of States for Internationally Wrongful Acts (ILC Articles on State Responsibility) provide in Art. 41(2) that 'no State shall recognize as lawful a situation created by a serious breach' of an obligation arising under a peremptory norm of general international law. The paper examines the meaning of not 'recognizing as lawful' as situation created by a serious breach of a jus cogens obligation in the light of the advisory opinion of the International Court of Justice (ICJ) on the Wall in the Occupied Palestinian Territory (2004).
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