حدود الضرورة في القانون الدولي الإنساني

Abstract EN

The necessity in general under public international law or in the framework of international humanitarian law is one of the justifications often used in the last centuries by international doctrine, as a mean to permit the violation of international law by states if it goes against their interests.

In this context the application of international law will be limited where the State's interests are threatened; this reality is denied by the legal logic which recognizes the opposing State's interests.

Indeed, the ence of international treaty which determines the limits of cases in which the recourse to the theory of necessity is the most important reason to this misuse of international rules.

The project of international law commission on the State responsibility for wrongful acts defines this matter and shall be adopted by the international subjects as part of bound law.