Rome, Aug. 6 (LaPresse) – In the Almasri case, the existence of a "state of necessity," as set out in Article 25 of the Responsibility of States for Internationally Wrongful Acts (2001) by the UN International Law Commission, legitimizes under domestic law the actions of all Italian government officials involved in the case. This is stated in the government's legal defense submitted to the Tribunal of Ministers and cited in the request for authorization to proceed against Ministers Nordio and Piantedosi and Undersecretary Mantovano.
The reference is to the international law provision that states: “Necessity may not be invoked by a State as a ground for precluding the wrongfulness of an act not in conformity with an international obligation of that State unless the act is the only way for the State to safeguard an essential interest against a grave and imminent peril,” and “does not seriously impair an essential interest of the State or States toward which the obligation exists, or of the international community as a whole.”
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