---
title: "State of Necessity: ARSIWA Article 25 Defense"
description: "State of necessity allows a state to act unlawfully under international law to protect essential interests from grave peril, but with strict limits."
url: "https://modeldiplomat.com/learn/glossary/state-of-necessity-international-law"
---

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Model Diplomat Research Team · Last reviewed June 22, 2026

TL;DR

- State of necessity is a circumstance under international law that precludes the wrongfulness of a state's act when it is the only way to safeguard an essential interest against grave and imminent peril.
- Is state of necessity part of customary international law or only treaty law?
- Does a successful necessity plea eliminate the state's liability to pay compensation?
- Why did Argentina's necessity arguments produce inconsistent ICSID outcomes?
- Can state of necessity ever justify the use of armed force?

Updated June 22, 2026

State of necessity is a circumstance under international law that precludes the wrongfulness of a state's act when it is the only way to safeguard an essential interest against grave and imminent peril.

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In Gabčíkovo-Nagymaros Project (1997), Hungary invoked state of necessity to justify abandoning a Danube dam project, but the ICJ rejected the plea, finding Hungary had contributed to the situation and faced no imminent peril.

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