Professional Documents
Culture Documents
International Responsibility
Consent
A valid consent may preclude the wrongfulness of
that action
Exp: a state may consent to military action on its territory----
which would otherwise be unlawful under the UN Charter.----
take “Treaty of Guarantee”-------prior consent.
Again----a state may consent to foreign agents to arrest of
suspects on its territory.----------Exp----There was a treaty
between Turkey and Iraq on trans-boundary military
operations in case of terrorist or rebel fighting.
BUT----A state cannot consent to legitimize “genocide”.
4- “Circumstances Precluding
Responsibility-Wrongfulness”
Self-defence
it is so clear----take Art. 51 of the UN Charter----
“armed attack”.
Force Majeure (Zorlayıcı Neden)---Mücbir Sebep
– If non-performance of an obligation-----is due to the
circumstances outside the control of the state---and if the
reason was an unexpected + unforeseen + irresistible
event “beyond the control of the state”----there shall be no
responsibility.
– BUT---this force majeure will not apply----if the situation is
“due to the conduct of the state invoking it”.