scholarly journals Conditions for the lawful exercise of the right of self-defence in international law

2018 ◽  
Vol 40 ◽  
pp. 01008
Author(s):  
V. Upeniece
Keyword(s):  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
International Peace ◽  
Armed Attack ◽  
The United Nations ◽  
Normative Order ◽  
Definition Of ◽  
The Right ◽  
Self Defence

The Charter of the United Nations wasthought to establish a normative order, maintain international peace and security. According to the Article 51 of the Charter of the United Nations “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs”[1]. However the Article 51 doesnot propose a legal definition of the conduct which is considered as an armed attack or the commencement of such an attack. It does not propose strict criterions for the use of force for self-defence. As a result different interpretations of this norm have been arising and continuing to change in response to new situations and threats.

Anticipatory Self-Defence in the Legislative History of the United Nations Charter

1991 ◽  
Vol 25 (1) ◽  
pp. 1-42 ◽  
Author(s):  
Timothy L. H. McCormack
Keyword(s):  
United Nations ◽  
Security Council ◽  
Security Measures ◽  
International Peace ◽  
Armed Attack ◽  
Peace And Security ◽  
The United Nations ◽  
The Right ◽  
United Nations Charter ◽  
Self Defence

Article 51 of the United Nations Charter states that:Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of selfdefense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.International lawyers are still arguing about the scope of the right of self-defence in Article 51 of the U.N. Charter. Most of the arguments focus on the semantics of Article 51. Those who argue for a “restrictive view” of the provision emphasise the qualifying phrase “if an armed attack occurs”.

scholarly journals UŻYWANIE DRONÓW W CELU ZWALCZANIA TERRORYZMU ŚWIETLE ‘IUS AD BELLUM’

2016 ◽  
Vol 16 (2) ◽  
pp. 141 ◽  
Author(s):  
Łukasz Kułaga
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Point Of View ◽  
International Terrorism ◽  
Controversial Issues ◽  
Legal Regulations ◽  
Definition Of ◽  
The Right ◽  
The Military ◽  
Self Defence

The Use of Drones in Combating International Terrorism from the Perspective of ‘ius ad bellum’Summary The increasing practice of using armed unmanned aerial vehicles (military UAVs, commonly known as drones) by some countries to eliminate suspected terrorists raises a number of controversies from the perspective of international law. These controversies are also related to the specific features of military UAVs, which make it possible to kill targeted individuals without risk to the military personnel of the country concerned, and thereby may encourage the abusive interpretation of the applicable legal regulations. This article discusses these issues from the perspective of ius ad bellum, in particular the right to self-defence. It shows the main controversial points on the scope of invoking the right to self-defence in such cases, in particular the possibility of invoking the right to self-defence in response to an attack by a non-state entity, the question of pre-emptive self-defence, the importance of the severity of the force used as a condition allowing for the use of force in self-defence, and the relevance of the principles of proportionality and necessity. The article also presents an outline of the vast and highly controversial issues associated with the definition of terrorism from the point of view of international law.

scholarly journals Maritime Enforcement of United Nations Security Council Resolutions: Use of Force and Coercive Measures

2011 ◽  
Vol 26 (2) ◽  
pp. 235-261 ◽  
Author(s):  
ZOU Keyuan
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
Korean Peninsula ◽  
Use Of Force ◽  
United Nations Security Council ◽  
International Peace ◽  
Primary Responsibility ◽  
Peace And Security ◽  
The United Nations

AbstractThe Charter of the United Nations designates the United Nations Security Council (UNSC) as one of the principal organs of the United Nations, assuming the “primary responsibility for the maintenance of international peace and security”. It has the power to determine the existence of any threat to the peace, breach of the peace, or act of aggression, to make recommendations, and decide what measures should be taken to maintain or restore international peace and security. This article addresses a number of issues concerning how the UNSC Resolutions are enforced at sea in accordance with applicable international law and makes special reference to the circumstances in East Asia, particularly the Korean Peninsula.

scholarly journals EXAMINING THE INTERNATIONAL LAW RIGHT OF SELF-DEFENCE: THE CASE OF RUSSIA AND GEORGIA; ISRAEL AND GAZA

Obiter ◽  
2021 ◽  
Vol 31 (2) ◽  
Author(s):  
FT Abioye
Keyword(s):  
International Law ◽  
Use Of Force ◽  
International Peace ◽  
Armed Attack ◽  
International Court Of Justice ◽  
Oil Platforms ◽  
Court Of Justice ◽  
International Court ◽  
Recent Developments ◽  
Self Defence

Article 2(4) of the UN Charter establishes the doctrine of the prohibition of the use of force amongst member states of the UN. Article 51 lays down exceptions to this rule in terms of the fact that there can be an individual and/or collective use of force in self-defence in the case of an armed attack. This individual or collective use of force is permitted to continue until such a time as the Security Council takes such actions as are necessary for the maintenance of international peace and security. The International Court of Justice (ICJ) has further confirmed this prohibition of the use of force in the Nicaragua case, Congo v Uganda and Oil Platforms cases. This area ofinternational law has seen a lot of discussions and developments over the years. The purpose of this article is to examine the efficacy of the use of force between Russia and Georgia; and Israel and Gaza in 2008. It would be examined if these armed attacks are justifiable by the doctrine of self-defence and the recent developments in the field in international law, or if they in fact constitute a breach of the international law prohibition on the use of force. 

scholarly journals Conditions for the legal commencement of an armed attack

2019 ◽  
Vol 68 ◽  
pp. 01022
Author(s):  
Vita Upeniece
Keyword(s):  
United Nations ◽  
Use Of Force ◽  
Armed Attack ◽  
Collective Self ◽  
The United Nations ◽  
Self Defence

The Charter of the United Nations provides that: “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs…”. In certain cases, it is difficult to find a clear answer to the question – what action is recognised as an armed attack according to the Article 51 of the UN Charter. The aim of the research is to analyze this problematic question, as well as the issue – when an armed attack begins, and as a result of the analyses of these issues, to describe the conditions for the legal use of force for self-defence.

Use of Force

2014 ◽  
Author(s):  
Giovanni Distefano
Keyword(s):  
International Relations ◽  
United Nations ◽  
Use Of Force ◽  
Security System ◽  
Institutional Framework ◽  
Collective Security ◽  
Legal Definition ◽  
The United Nations ◽  
Definition Of ◽  
Self Defence

This chapter examines the provisions of the Charter of the United Nations (UN Charter) concerning the comprehensive ban on the use of force in international relations between states. It provides a legal definition of aggression and self-defence and addresses some unanswered questions concerning some of the alleged exceptions to the comprehensive ban on the use of force. It shows that the obligation not to resort to threat or use of force is not subordinated to the actual functioning of the UN collective security system and highlights the UN Charter’s establishment of substantive and institutional framework for making the prohibition on the use and threat of force between states a truly attainable goal.

Part II Predominant Security Challenges and International Law, International Security, Ch.13 Aggression

2021 ◽  
Author(s):  
Kreß Claus
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
Use Of Force ◽  
Security System ◽  
International Criminal Law ◽  
Collective Security ◽  
Un Security Council ◽  
The United Nations ◽  
Definition Of

This chapter discusses the concept of aggression. Article 39, the opening clause of the United Nations Charter’s collective security system, contains the term ‘act of aggression’, the existence of which in a given case falls to be determined by the United Nations (UN) Security Council. Recalling Article 39, the UN General Assembly, in 1974, adopted a resolution on the Definition of Aggression (Resolution 3314 (XXIX)). As the term ‘act of aggression’ is used alongside the terms ‘threat to peace’ and ‘breach of the peace’ in Article 39, the UN Security Council is not bound to determine the existence of an act of aggression to activate the Charter's collective security system and authorize the use of force by one or more States in order to maintain or restore international peace and security. In the view of the International Court of Justice and the International Law Commission, the prohibition of aggression forms part of customary international law. Here again, however, the distinct legal significance of the concept compared to ‘use of force’ and ‘armed attack’ is of quite limited reach. Contrariwise, the concept of aggression has been of considerable importance in the realm of international criminal law since the latter’s inception.

scholarly journals The principle of preventing the threat of force in international relationsWithin the framework of the Charter of the United Nations: مبدأ منع التهديد باستعمال القوة في العلاقات الدولية في إطار ميثاق الأمم المتحدة

2019 ◽  
Vol 3 (9) ◽  
Author(s):  
AMIR HUSIN, YOUSIF ABDULLA ALMARZOOQI, FAREED BIN MOHD HASSA
Keyword(s):  
International Relations ◽  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
Legal Order ◽  
International Peace ◽  
International Legal Order ◽  
Descriptive Approach ◽  
The United Nations ◽  
International Conventions

The study dealt with the principle of preventing the threat of use of force in international relations within the framework of the Charter of the United Nations by stating the content of the principle of preventing the threat of use of force in accordance with Article 2/4 of the Charter of the United Nations and analyzing legitimate exceptions to the use of force in accordance with the provisions of general international law. In order to achieve the objectives of the research, the descriptive approach was adopted to analyze the provisions of the Charter of the United Nations and international law and the international conventions governing the principle of preventing the threat of force in international relations and the views of scholars of international law. The problem of research is highlighted in the weaknesses of the Charter of the United Nations Force in international relations. The study concluded that the principle of preventing the threat of force in international relations was one of the fundamental pillars of the international legal order established by the Charter of the United Nations. The study reached a number of recommendations, the most important being the re-evaluation of measures to maintain international peace and security through a review of The Security Council acted by reducing the veto.

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