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Countermeasure (law)
Countermeasure in public international law refers to reprisals not involving the use of force. In other words, it refers to non-violent acts which are illegal in themselves, but become legal when executed by one state in response to the commission of an earlier illegal act by another state towards the former. Definition The leading case on countermeasure is the 1997 International Court of Justice decision in Gabčíkovo – Nagymaros Dams case. The court remarked that, for a countermeasure to be justifiable, it must meet the conditions below: # The act constituting countermeasure must be taken in response to a previous intentional wrongful act of another state and must be directed against that state. # The injured state must have already called upon the state committing the wrongful act to discontinue its wrongful conduct or to make reparation, but the request was refused. # The countermeasure must be commensurate with the injury suffered, taking into account the rights in questio ...
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Public International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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Reprisals
A reprisal is a limited and deliberate violation of international law to punish another sovereign state that has already broken them. Since the 1977 Additional Protocol I to the Geneva Conventions (AP 1), reprisals in the laws of war are extremely limited, as they commonly breach the rights of non-combatants. Etymology The word came from French, where it originally meant "act of taking back", for example, raiding back the equivalent of cattle lost to an enemy raid. International law Reprisals refer to acts which are illegal if taken alone, but become legal when adopted by one state in retaliation for the commission of an earlier illegal act by another state. Counter-reprisals are generally not allowed. World War I 1914 Portugal-Germany dispute An example of reprisal is the Naulila dispute between Portugal and Germany in October 1914, when they were on opposite sides of the World War I chasm. After three Germans were mistakenly killed in Naulila on the border of the then-Portugue ...
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International Court Of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law. The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations. After the Second World War, both the league and the PCIJ were replaced by the United Nations and ICJ, respectively. The Statute of the ICJ, which sets forth its purpose and structure, draws heavily from that of its predecessor, whose decisions remain valid. All member states of the UN are party to the ICJ Statute and may initiate contentious cases; ho ...
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Gabčíkovo – Nagymaros Dams
Gabčíkovo ( hu, Bős, ) is a town and municipality in the Dunajská Streda District, in the Trnava Region of southwestern Slovakia. It has 5,232 inhabitants of whom approximately 80% are Hungarians. After the Communist takeover of Czechoslovakia, the city was named after Jozef Gabčík, an important figure in the Czechoslovakian resistance to Nazi occupation. Name The Hungarian name of the town was first recorded in 1102 as ''Beys'' and preserves the name of its erstwhile Pecheneg inhabitants, ''pecheneg'' being ''besenyő'' in Hungarian. The town appears in several documents between 1262 and 1274 as a borderguard Pecheneg settlement. The current Slovak name of the town was given by the authorities in 1948 after Jozef Gabčík, a Slovak soldier involved in Operation Anthropoid, the assassination of Reinhard Heydrich, Deputy Reich-Protector of Bohemia and Moravia. Geography Gabčíkovo is situated along the Danube river on the border with Hungary, in the southern part of Gr ...
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International Law Commission
The International Law Commission (ILC) is a body of experts responsible for helping develop and codify international law. It is composed of 34 individuals recognized for their expertise and qualifications in international law, who are elected by the United Nations General Assembly (UNGA) every five years. The ideological roots of the ILC originated as early as the 19th century, when the Congress of Vienna in Europe developed several international rules and principles to regulate conduct among its members. Following several attempts to develop and rationalize international law in the early 20th century, the ILC was formed in 1947 by the UNGA pursuant to the Charter of the United Nations, which calls on the Assembly to help develop and systematize international law. The Commission held its first session in 1949, with its initial work influenced by the Second World War and subsequent concerns about international crimes such as genocide and acts of aggression. The ILC has since held a ...
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