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

Oxford Legal Studies Research Paper No. 19/2006

Posted: 5 May 2006

See all articles by Stefan A. G. Talmon

Stefan A. G. Talmon

University of Bonn, Institute of Public International Law

Abstract

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).

Suggested Citation

Talmon, Stefan A. G., 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; Oxford Legal Studies Research Paper No. 19/2006. Available at SSRN: https://ssrn.com/abstract=900579

Stefan A. G. Talmon (Contact Author)

University of Bonn, Institute of Public International Law ( email )

Adenauerallee 24-42
D-53113 Bonn
Germany

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