Abstract
AbstractThe right of self-defence is usually presented as an exception to the principle of non-use of force. Conventional wisdom therefore holds that the right of self-defence can only be relied on to justify those measures constituting a threat or use of force. This article rejects that claim. It argues that self-defence is a general right under international law and, as such, can be invoked to justify all measures necessary to repel an armed attack regardless of whether they are forcible or non-forcible in nature. To support this argument, this article examines the genesis of the right of self-defence under customary international law, the text of Article 51 of the United Nations Charter, the structure of the United Nations Charter and State practice on Article 51.
Publisher
Cambridge University Press (CUP)
Subject
Law,Political Science and International Relations
Reference13 articles.
1. Collective Security and Collective Self-Defense Under the Charter of the United Nations
2. Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory: A Commentary;O'Keefe;Revue Belge de Droit International,2004
3. Smoke, Mirrors and Killer Whales: the International Court's Opinion on the Israeli Barrier Wall
4. Light Treatment of a Complex Problem: The Law of Self-Defence in the Wall Case;Tams;EJIL,2006
5. The Great Oxymoron: Jus in Bello Violations as Legitimate Non-Forcible Measures of Self-Defense: The Post-Disengagement Israeli Measures towards Gaza as a Case Study;Solomon;ChineseJIL,2010
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