Answer By law4u team
The right to self-defense is recognized as an inherent right of states under customary international law and the UN Charter. However, the UN Charter, particularly Article 2(4), prohibits the threat or use of force against the territorial integrity or political independence of any state, emphasizing collective security through the Security Council. Article 51 explicitly preserves the right of individual or collective self-defense if an armed attack occurs. The balance lies in allowing states to defend themselves while preventing abuse of this right and maintaining international peace.
Balancing the Right to Self-Defense with UN Charter Provisions
Prohibition on the Use of Force (Article 2(4))
States must refrain from using force except in cases authorized by the Security Council or self-defense.
Right to Individual or Collective Self-Defense (Article 51)
Recognizes the right of states to defend themselves if an armed attack occurs until the Security Council takes measures to maintain peace.
Conditions for Lawful Self-Defense
The self-defense action must be necessary and proportionate to the armed attack.
The right applies only in response to an actual armed attack, not merely a threat or anticipation.
Notification Requirement
States exercising self-defense must report immediately to the Security Council detailing their measures.
Limitations on Preventive or Preemptive Self-Defense
The Charter does not clearly authorize anticipatory self-defense, making its legality controversial in international law.
Collective Security Mechanism
The Security Council holds primary responsibility for maintaining peace and can authorize the use of force to address threats.
Judicial Interpretations
The International Court of Justice (ICJ) and state practice have helped clarify the scope and limits of self-defense under the Charter.
Importance of the Balance
- Prevents unilateral aggression under the pretext of self-defense.
- Promotes peaceful dispute resolution and multilateral oversight.
- Ensures self-defense is not abused to justify forceful actions contrary to international peace.
- Strengthens the UN’s collective security framework.
Example
If State A is attacked militarily by State B, State A can invoke its right to self-defense under Article 51, responding proportionally to repel the attack. Simultaneously, State A must report its actions to the UN Security Council, which may then decide further measures to restore peace. If State A attacks State B preemptively without an armed attack, it risks violating Article 2(4) and being condemned for unlawful use of force.
