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The Legitimate Use of Force for Self-Deference under International Law: A Literature Review

Jamal Awwad Abdallah,M. B. Awang,A. Ahmad,Zein Bassam Bani Younes

2019 · DOI: 10.6007/ijarbss/v9-i11/6551
International Journal of Academic Research in Business and Social Sciences · 0 Citations

Abstract

The United Nations Security Council (UNSC) has the ultimate responsibility for the maintenance of global peace and security, which is considered the most critical, precise and sensitive organ of the United Nations. Article 2 (4) of the United Nations (UN) Charter prohibits the use of force against other sovereign states, whether direct or indirect. Consequently, in the event of aggression, self-defense is a right of states as it is for individuals and groups. However, international law does not make the right of self-defense of states "unrestricted." Some rules govern and restrict the act of self-defense that countries must adhere to. International law laid down conditions that must be met before states can exercise the right of self-defense in the event of aggression. First, all peaceful measures of resolving the issue have to be exhausted before force can be used to repel the aggression. Second, the act of self-defense should be against the source of the attack and that the defense shall be temporary until the Security Council intervenes. Thus, this paper addresses the legitimate use of force and its conditionality’s for selfdeference by states under international law to repel aggression.