Self-Defense Right and Anticipatory Self-Defense under the Rules of Contemporaneous International Law and International Practice

By Al-Haj, Ayman Abu | Canadian Social Science, March 1, 2015 | Go to article overview

Self-Defense Right and Anticipatory Self-Defense under the Rules of Contemporaneous International Law and International Practice


Al-Haj, Ayman Abu, Canadian Social Science


Abstract

The right of self-defense is one of the most controversial recognized rights in the intentional law. So, there is wide split in the international law concerning the extent of this right. Where we can see the article (51) and what has stated from legal and political problematic issues, concerning the rule of legitimate defense. Also, in the international jurisprudence two primary streams appeared concerning the field of interpreting the text of article (51) from the charter of the United Nations and its relation with article (2). The first steam was expanded in the interpretation for the concept of self-defense to include the preventive self-defense. As for the second stream, it supported the narrow interpretation and it holds the view that the right of self-defense is limited to the case of being exposed to an armed attack. As the people of the supporting orientation hold the view that the international practices ensure the existence of preventive Self-defense right as a fixed right in the rules of customary international law. As for the second stream, it holds the view that the UN charter after its acknowledgment has made a radical change in the use of power in international relations and the use of power became an illegitimate act unless in the case of legitimate self-defense which occurs in the case of being subjected to an actual attack. This research aims study the self-defense and anticipatory self-defense in light of UN charter and international precedents.

Key words: Self-defense; Legitimate preventive defense; The use of armed force

INTRODUCTION

The UN chart involved a unique leap in the field of using power in the international relations. So, according to its item 4 from the second article, it prohibited resorting to using power or threat in a way that contradicts the aims of UN chart.1 It also made the use of power restricted and linked to the exceptions mentioned in chapter 7 which is related to measures of social security and self-defense. It also made the use of power in cases other than the mentioned cases to be considered as an illegitimate act which can be described as an international crime in which international responsibility is a consequence of it if it was classified as aggression. That means that the customary legal rule that was acknowledged by item 4 of article 2 is characterized with a description for the commanding rule "Jus cogans" which can't be violated. This rule represents a binding force in facing all the members of the international community (Erga Omnes). Although that the articles of UN chart that concerns power aimed to prohibit the use of power and the threat of using it in international laws. It also encourages countries to settle their dispute through peaceful means. However, it did not prohibit the use of power completely. In article (51), we can see that the chart included a judgment that enables the use of power without any authorization or license from the Security Council in the case of legitimate self-defense.2

The contemporary international law has acknowledged the principle of prohibiting resorting to war and launching aggression. It also considered the wars in all its kinds and forms to be illegitimate and it formed an international crime, unless in one case which is the case of legitimate defense which was specified by article (51) of the UN charter.

This charter imposed -as a correspondence with the international ideology- conditions that authorized to use power as an exceptional temporary procedure. Whereas, article (51) included a right that authorized the use of power as a self-defense an authorization from the Security Council and that's to happen through regulations and constraints under the aims and principles of the international law. This the situation that was insured by the International Court states in the case of Alavtaúa opinion in 1996 when it concluded that resorting to power should be analyzed through the provisions of the UN chart which article (51) is one of, which ensured the normal right of individual and collective legitimate defense. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Self-Defense Right and Anticipatory Self-Defense under the Rules of Contemporaneous International Law and International Practice
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.