Self-defence in international law

International law recognizes a right of self-defense according to the Chapter VII, Article 51 of the UN Charter,[1] as the International Court of Justice (ICJ) affirmed in the Nicaragua Case on the use of force. Some commentators believe that the effect of Article 51 is only to preserve this right when an armed attack occurs, and that other acts of self-defence are banned by article 2(4).[2] Another view is that Article 51 acknowledges the previously existing customary international law right and then proceeds to lay down procedures for the specific situation when an armed attack does occur. Under the latter interpretation, the legitimate use of self-defence in situations when an armed attack has not actually occurred is still permitted, as in the Caroline case noted below.[3] Not every act of violence will constitute an armed attack. The ICJ has tried to clarify, in Nicaragua Case, what level of force is necessary to qualify as an armed attack.

  1. ^ Chapter VII, Article 51 of the UN Charter
  2. ^ Randelzhofer, Article 2(4) in The Charter of the United Nations: A Commentary (1994).
  3. ^ Meng, The Caroline in Encyclopedia of Public International Law, vol. 1, p.538, and Bowett, Self-Defense in International Law, p.59 (1958).

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