ABSTRACT
This chapter focuses predominantly on an analysis of relevant state practice and opinio juris in support of a right to countermeasures taken by states other than the injured. It aims to establish, on many occasions states have reacted strongly to aggression, genocide and other gross human rights violations while they have also given their support to national liberation movements fighting for their right to self-determination and against apartheid, racism and colonization. The chapter considers statements and calls made by non-directly injured states to impose countermeasures against another state even if no action were taken thereafter, as reflective of opinio juris in support of a right to third-state countermeasures. It also provides some general conclusions that can be drawn from this analysis, but first attention will be turned to a consideration of the two basic elements required for the creation of custom, namely state practice and opinio juris.
