Legal Effects and Consequences of Invoking the Rule of Necessity in International Law

Necessity is one of the well-known legal rules in most domestic legal systems, and has been widely recognized as a customary rule in the practice of states and international judicial practice. The elements and components of this rule have been formulated and explained in Article 25 of the 2001 draft of the International Law Commission on the International Responsibility of States, according to which, invoking necessity in international law as a legal defense allows states to justify temporary violations of their international obligations in times of crisis and immediate threats. This concept is used when states are forced to take actions that violate international obligations to protect their vital interests, such as national security or the survival of the country. However, the use of necessity must be done with caution and certain limitations, especially when international peremptory norms are involved, as these norms, such as the prohibition of torture, genocide and respect for human rights, are unchangeable principles and no circumstances can violate them. The findings confirm this point, whenever states find themselves in situations where their national interests and international obligations conflict. The rule of necessity is a strategy that allows them to strike a balance between their interests and their international obligations in such difficult circumstances. This rule frees the state from hesitation and gives it the power to decide on the protection of its essential interests, even if this decision is made in challenging circumstances.