EVOLUTION OF PUBLIC INTERNATIONAL LAW FOR SELF DEFENCE FROM 1837 TO 2019

Abstract

The right to self-defence for a state specified in the United Nations charter is one of the most controversial provisions of rights in modern international law. The customary international law allows nations to exercise the right of self-defence under reasonable restrictions. The right to self-defence is drawn by Members of the United Nations under article 51a of the UN charter, which is an exception to the prohibitions stated in article 2(4) towards the use of force or threat against any state. Article 2(4)b of the UN charter lays down a general rule to prevent aggression by a state against any other state to disrupt their territorial and political independence. Use of force was prohibited in dealing with disputes with another state. This prohibition under Article 2(4), to the use of power by a state, is aiming to settle the inter-state disputes by peaceful means and to save states from inflicting wars. However, under exceptional circumstances when the state is faced by an armed attack, use of power for self-defence is enabled in Article 51. The legitimate use of force for self-defence by a state is a temporary procedure and subject to constraints and regulations satisfying the principles of international law. These restrictions are in the form principle of necessity of the use of power and principle of proportionality limiting the magnitude of use proportional to the armed attack and only to secure the permissible objective of self-defence [1]. Due its temporal characteristics, the right to use power for self-defence ceases after the United Nations Security Council intervenes to take necessary measures to maintain peace.