In today’s world, states are increasingly confronted with security threats that often originate far beyond their borders. This paper explores the complex principle of necessity as a potential justification for violating the territorial integrity of non-consenting states. By examining both historical and modern interpretations, Sonn delves into key concepts such as territorial integrity, self-defense, and the constraints of international law, including the UN Charter and jus cogens norms.
Through a proposed legal framework, the article evaluates whether states can legally transit through non-consenting countries to address emerging security threats. Using various hypothetical scenarios, it seeks to balance self-defense with respect for sovereignty, providing insights into how states can navigate this delicate issue in an increasingly interconnected and volatile global landscape.
