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A state violates international law when it commits an “internationally wrongful act", a breach
of an international obligation that the state was bound by at the time when the act took place.
A state is bound to act according to international treaties it signed.
There are a number of exceptions when an act that normally would be a violation of
international law, does not create responsibility of the state involved, such as cases of
consent, self-defence or necessity (ILC, Articles 20-26). These exceptions do not apply to
violations of IHL and IHRL: Due to the nature of human rights and international
humanitarian law as setting out minimum protections, such exceptions do not play a role,
otherwise the entire system of IHL and IHRL would be undermined.
Consent - Under certain sets of international law, it is possible for a one state to consent to a
violation of international law of another state. A state may allow another state to use its air
space or waters, and the invasion would not be considered an act of aggression.
Necessity - If an act by a state (that may be considered illegal) was the only way for a state to
safeguard an essential interest against a grave and imminent danger (and it does not damage
another essential interest) - that state does not violate its international responsibilities.