retorsions

Retorsions are a concept in international law referring to internationally wrongful acts that, while not illegal in themselves, are taken in response to a prior internationally wrongful act by another state. These acts are generally considered unfriendly but not unlawful. The key distinction between a retorsion and a reprisal (now often referred to as countermeasures) is that a retorsion is an act that would be legal in the absence of the prior wrongful act. Countermeasures, on the other hand, are acts that would typically be illegal but are permitted as a response to a prior illegal act.

Examples of retorsions can include actions that exploit legal rights to the detriment of another state. For instance, a state might cease providing diplomatic courtesies or reduce trade relations in response to a perceived slight or a minor violation of an agreement by another nation. The legality of a retorsion hinges on it being a proportionate response and not violating any peremptory norms of international law. The state exercising retorsion must also notify the offending state of its actions and the reasons behind them. Retorsions are a tool states can employ to express displeasure or exert pressure without resorting to illegal measures, thus attempting to maintain a degree of legal propriety in international relations.