Application of the Concept of Necessity to Justify the Establishment of Safe Zones to Prevent Large-Scale Refugee Outflows
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Hugo Grotius, considered the ‘father of international law,’ noted in the seventeenth century that the right to self-preservation existed in many States’ internal law and would also be equally applicable to inter-State relations. This appears to be the first doctrine of necessity in the literature. Since there is no general conventional provision to anchor the rule, doubts have been expressed as to whether necessity constitutes a grounds for precluding wrongfulness concerning any act that is inconsistent with an international obligation.