Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

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

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

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



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Defenses in Contemporary International Criminal Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation