Under Article 21 ARSIWA, SELF-DEFENCE is recognized as a CIRCUMSTANCE PRECLUDING WRONGFULNESS where:
Aforce is used purely for economic gain or political advantage (cf. ARSIWA 2001, Article 21)
Bany State unilaterally decides to use force on its own discretion (cf. ARSIWA 2001, Article 21)
Cself-defence is in conformity with the UN Charter (Article 51) — i.e., a response to an armed attack
Dforce is used in any prior dispute, regardless of recent events (cf. ARSIWA 2001, Article 21)
Answer & Solution
Correct answer: C. self-defence is in conformity with the UN Charter (Article 51) — i.e., a response to an armed attack
1. Article 21 ARSIWA: 'The wrongfulness of an act of a State is precluded if the act constitutes a lawful measure of SELF-DEFENCE taken in conformity with the Charter of the United Nations.'
2. The reference to Article 51 UN Charter is implicit — armed attack required.
3. Other circumstances precluding wrongfulness (Articles 20-25 ARSIWA): consent (20), self-defence (21), countermeasures (22), force majeure (23), distress (24), necessity (25).
4. Hence option A is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — ARSIWA 2001, Article 21_
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