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- It refers to the use of force to repel an attack or imminent threat of attack directed against oneself or others or a legally protected interest. Self-defense in international law refers to the inherent right of a State to use of force in response to an armed attack.
casebook.icrc.org/a_to_z/glossary/self-defenceSelf-defence | How does law protect in war? - Online casebook
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Mar 9, 2021 · In this post, we examine the legal basis for using force against individuals during armed conflict, with emphasis on the notions of individual self-defense and direct participation in hostilities. In particular, where and how does self-defense fit into the law of armed conflict (LOAC)—if at all? The Law of Self-Defense
- Christine Chinkin, Mary Kaldor
- 2017
- 4.3.1 ‘If an Armed Attack Occurs …’ At the time of the adoption of the Charter, in light of the experience of World War II, the main threat to international peace and security was envisaged as a threat of armed attack by one state against another state.
- 4.3.2 Collective Self-Defence, Consent and Invitation. A further complexity is added where the armed attack is against a state other than the one responding, that is, where states A and B seek to react in self-defence to an attack on C, even though they have neither suffered nor anticipate any attack against themselves.
- 4.3.3 Imminence: Anticipatory Self-Defence. The risk of escalating violence under the cover of self-defence is theoretically limited by the legal requirements that such action be imminent, necessary and proportionate.
- 4.3.4 Necessity and Proportionality. It is equally difficult to give a precise content to the two other conditions for self-defence – the concepts of necessity and proportionality.Footnote 109 Necessity presupposes that all other possibilities have been exhausted before recourse to force.
Self-defense in international law refers to the inherent right of a State to use of force in response to an armed attack. Self-defense is one of the exceptions to the prohibition against use of force under article 2 (4) of the UN Charter and customary international law.
Apr 1, 2013 · Assessing proportionality requires exploring the scope of the right of a state to use force in self-defence. The second section of this article is devoted to exploration of this question. In the third section I examine various theories regarding the legitimate ends of using force in self-defence.
- David Kretzmer
- 2013
Jun 24, 2020 · Article 51 permits self-defense if an armed attack occurs. Over the years, a standard view of their relationship has taken hold: a grave violation of Article 2 (4) triggers Article 51, and Article 51 carves out an exception to Article 2 (4). The standard view is not incorrect, but it is incomplete.
The essence of self-defence is self-help: under certain conditions set by international law, a State acting unilaterally – perhaps in association with other countries – may respond with lawful force to unlawful force (or, according to some, to the imminent threat of unlawful force).
Jul 4, 2023 · The principle of collective defence is at the very heart of NATO’s founding treaty. It remains a unique and enduring principle that binds its members together, committing them to protect each other and setting a spirit of solidarity within the Alliance.
