The Obligation to not Render Aid or Assistance so as to Maintain a Situation Created by the Breach of a Peremptory Norm of General International Law

Abstract

In order to prevent the consolidation of de facto authorities established in a territory following an unlawful use of force and/or contempt of the rights of the involved peoples to self-determination, international law imposes obligations on third States. Treaties entered into with the de facto authorities established on such territories on matters concerning them must ensure the interests of the people under their jurisdiction. Otherwise, these States must expect that these treaty relations will be criticized and eventually be denounced by national and international courts. Of the same concern is the origin of the distinction that international law establishes between the different acts of the de facto authorities administering these territories. Administrative acts issued to safeguard the civil rights of the people within their jurisdiction will not be null and void unlike those that seek to allow the population to enjoy the benefits of international cooperation. This is a difficult distinction to establish and implement.

Keywords

• Affermissement de l’autorité de fait, recours illicite à la force, droit des peuples à disposer d’eux-mêmes, droit de traiter, intérêt de la population, acte établi par autorité de fait