Book contents
- A Farewell to Wars
- A Farewell to Wars
- Copyright page
- Contents
- Foreword
- Abbreviations
- 1 Introduction
- 2 Interstate Uses of Force, Tensions and Restraints by Regions since World War II
- 3 Interstate Uses of Force, Tensions and Restraints during Major Phases of International Relations since World War II
- 4 Incentives to the Interstate Uses of Force and Restraints
- 5 Historical Evolution of Norms and Other Means to Restrain the Use of Force
- 6 Overview of Disincentives to and Restraints on the Interstate Use of Force
- 7 Military Strength to Deter Others from Using Force
- 8 Nuclear and Other Non-conventional Weapons and Means as Deterrents and Threats
- 9 Disarmament as Restraint on the Use of Force
- 10 Preventing the Interstate Use of Force by Preventing or Solving Conflicts
- 11 Restraints on the Interstate Use of Force through Legal Norms
- 12 UN Charter Articles Relating to the Use of Force
- 13 The Security Council May Use or Authorize States or Regional Organizations to Use Force
- 14 The Right to Individual and Collective Self-Defence as an Exception to Art. 2:4
- 15 Interventions Triggered by Factors Unforeseen at the Adoption of the Charter’s Ban on the Interstate Use of Force
- 16 Interventions Seeking Regime Change, Protection of People or Punishment
- 17 Findings Regarding the Role of Norms to Restrain the Interstate Use of Force
- 18 States are Saying Farewell to Wars
- Bibliography
- Index
14 - The Right to Individual and Collective Self-Defence as an Exception to Art. 2:4
Published online by Cambridge University Press: 09 November 2023
- A Farewell to Wars
- A Farewell to Wars
- Copyright page
- Contents
- Foreword
- Abbreviations
- 1 Introduction
- 2 Interstate Uses of Force, Tensions and Restraints by Regions since World War II
- 3 Interstate Uses of Force, Tensions and Restraints during Major Phases of International Relations since World War II
- 4 Incentives to the Interstate Uses of Force and Restraints
- 5 Historical Evolution of Norms and Other Means to Restrain the Use of Force
- 6 Overview of Disincentives to and Restraints on the Interstate Use of Force
- 7 Military Strength to Deter Others from Using Force
- 8 Nuclear and Other Non-conventional Weapons and Means as Deterrents and Threats
- 9 Disarmament as Restraint on the Use of Force
- 10 Preventing the Interstate Use of Force by Preventing or Solving Conflicts
- 11 Restraints on the Interstate Use of Force through Legal Norms
- 12 UN Charter Articles Relating to the Use of Force
- 13 The Security Council May Use or Authorize States or Regional Organizations to Use Force
- 14 The Right to Individual and Collective Self-Defence as an Exception to Art. 2:4
- 15 Interventions Triggered by Factors Unforeseen at the Adoption of the Charter’s Ban on the Interstate Use of Force
- 16 Interventions Seeking Regime Change, Protection of People or Punishment
- 17 Findings Regarding the Role of Norms to Restrain the Interstate Use of Force
- 18 States are Saying Farewell to Wars
- Bibliography
- Index
Summary
The high ambition of the UN Charter Art. 2:4 to prevent interstate use of force is confirmed by the narrow right to individual or collective self-defence given to states under Art.51 ‘if an armed attack occurs’. States have many times invoked ‘self-defence’ as default justification of interventions and sometimes sought room for interpretations giving them more elbow room to use force in response to hostile acts of gravity. The general right of reprisal has been rejected, but in cases of grave or repeated terrorist attacks responses by armed force have not been criticized even though taken much after the attacks. A right has also been recognized to use force in self-defence where armed attacks are ‘imminent’ (pre-emption), but no such right has been acknowledged where the threat of attack is not imminent (‘anticipatory self-defence’ or ‘preventive’ use of force).
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- A Farewell to WarsThe Growing Restraints on the Interstate Use of Force, pp. 205 - 211Publisher: Cambridge University PressPrint publication year: 2023