self defense - book chapter Flashcards
what is the primary legal basis for a states right to self defense?
Article 51 of the United Nations Charter, which recognizes the inherent right of individual or collective self-defense if an armed attack occurs against a UN member state
what must a state do after exercising its right to self defense?
The state must immediately report the measures taken in self-defense to the UN Security Council.
Can states request assistance from other states for self-defense?
Yes, states may request other states to come to their defense, either on an ad hoc basis or through bilateral defense pacts.
What case did the International Court of Justice (ICJ) address regarding the “armed attack” criterion?
The ICJ addressed the “armed attack” criterion in the Oil Platforms case between the United States and Iran.
What are the criteria for lawful self-defense established by the Caroline case?
The necessity of self-defense must be instant, overwhelming, leaving no choice of means, and no moment for deliberation; any action taken must be proportional to the threat.
Does international law permit preemptive self-defense?
There is a limited right of preemptive self-defense under customary law, particularly when an armed attack is imminent and inevitable. However, preventive self-defense, where an attack is merely possible or foreseeable, is generally not permitted.
What is the distinction between individual and collective self-defense?
Individual self-defense refers to a state defending itself against an armed attack, while collective self-defense involves multiple states defending a state that has been attacked, often through mutual defense agreements.
How does the concept of proportionality apply to self-defense?
The force used in self-defense must be proportional to the armed attack, meaning it should not exceed what is necessary to repel the attack and restore security.
What role does the UN Security Council play in matters of self-defense?
The Security Council is responsible for maintaining international peace and security; states exercising self-defense must report their actions to the Council, which can then take necessary measures to address the situation.
Can non-state actors’ attacks trigger the right to self-defense?
The applicability of self-defense against non-state actors is a debated issue; some argue that states have the right to defend against significant attacks by non-state actors, while others contend that self-defense traditionally applies to attacks by other states.
