’Armed Attack’ and Article 51 of the UN Charter: Evolutions by Tom Ruys

By Tom Ruys

This e-book examines to what quantity the perfect of self-defence, as laid down in Article fifty one of the constitution of the United countries, allows States to release army operations opposed to different States. specifically, it specializes in the prevalence of an 'armed assault' - the the most important set off for the activation of this correct. In gentle of the advancements due to the fact 11th of September, the writer analyses appropriate actual and verbal common perform, starting from the 1974 Definition of Aggression to fresh incidents resembling the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The thought of 'armed assault' is tested from a threefold standpoint. What acts may be considered as an 'armed attack'? whilst can an 'armed assault' be thought of to ensue? And from whom needs to an 'armed assault' emanate? when it comes to end, different findings are introduced jointly in a draft 'Definition of Armed Attack'.

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Additional info for ’Armed Attack’ and Article 51 of the UN Charter: Evolutions in Customary Law and Practice

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Opinions differ as to whether the latter phrase extends to ‘protection of nationals’ abroad; whether it sanctions defensive measures against smallscale attacks or ‘imminent’ attacks; whether it permits military action against States engaged in so-called ‘indirect aggression’, et cetera. The confusion over the ‘armed attack’ requirement is further compounded by additional sources of controversy, in particular the relationship between Article 51 and the general prohibition on inter-State use of force of Article 2(4) UN Charter, and the relationship between Article 51 and the customary right of self-defence.

85; Mendelson, ‘The Nicaragua case’, p. 91. N. Kontou, The termination and revision of treaties in the light of new customary international law (Oxford: Clarendon Press, 1994), p. 20. See inter alia: M. Bos, ‘The hierarchy among the recognized manifestations (“sources”) of international law’, (1978) 25 NILR 334–44; I. Brownlie, Principles of public international law, 6th edn (Oxford University Press, 2003), p. 5; W. Czaplinski and G. Danilenko, ‘Conflicts of norms in international law’, (1990) 21 NYBIL 3–42, at 7–8; W.

ICJ, North Sea Continental Shelf (Federal Republic of Germany v. Denmark and the Netherlands), Judgment of 20 February 1969, (1969) ICJ Rep 3, § 72 (emphasis added). 46 Significantly, similar declarations have also been made by States that were not (yet) UN Members. 51 This resolution 44 45 46 47 48 49 50 51 Articles 1 and 3(1), Inter-American Treaty of Reciprocal Assistance, Rio de Janeiro, 1947, 82 UNTS 330; Article 22, Charter of the Organization of American States, Bogotá, 2 UST 2394, at 2420; Articles 1 and 5, North Atlantic Treaty, Washington DC, 4 April 1949, 34 UNTS 243; Conference on Security and Cooperation in Europe, Helsinki Final Act, Helsinki, 1 August 1975 (1975) 14 ILM 1292; Article 4(f), Constitutive Act of the African Union, Lome, 11 July 2000, 2158 UNTS I-37733.

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