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Self-Defense By States And Individuals In The Law Of War

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Chapter Summary

Throughout the Cold War, characterized by paralysis of the U.N. Security Council (SC), the U.N. Charter's explicit exceptions to the prohibition of the use of force became more important than the collective security provisions of Chapter VIII, notably Articles 39, 41 and 42. Assessment of the explicit exceptions teaches that in fact Article 51, endorsing the "inherent right of self defense," is the only "on-going exception permitting unilateral action by a state without prior authorization by the SC," thus resulting in an increasing recourse to Article 51 to justify forceful unilateral action by states in the period 1945-1990. This chapter examines a possible relationship between recent developments regarding the international (collective) right of self-defense of states, on the one hand, and the individual right of self-defense by persons under international criminal law (ICL), on the other.

Keywords: Cold War; individual right of self-defense; international criminal law (ICL); self-defense of states; use of force

10.1163/ej.9781571051585.i-334.57
/content/books/10.1163/ej.9781571051585.i-334.57
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