Manchester University Press
5 Self-defence and other forms of unilateral use of force
Abstract
The collective security system and the unilateral or joint use of force are not sealed compartments. Their interaction is manifest in Art. 51 of the UN Charter, which temporally limits the right to self-defence until the Security Council discharges its responsibilities. This chapter deals preliminarily with two general questions, namely the relationship between the rules on the use of force embodied in the Charter and those existing under customary law, and the alleged dependence of the ban on the use of force on the effective functioning of the collective security system. It deals with the relationship between the rules on this field existing under the Charter and under customary international law. The rest of the chapter is dedicated to three exceptions to the general ban on the use of force that have been the object of controversy: armed reprisals, rescue operations of national abroad, and intervention on humanitarian grounds.
Abstract
The collective security system and the unilateral or joint use of force are not sealed compartments. Their interaction is manifest in Art. 51 of the UN Charter, which temporally limits the right to self-defence until the Security Council discharges its responsibilities. This chapter deals preliminarily with two general questions, namely the relationship between the rules on the use of force embodied in the Charter and those existing under customary law, and the alleged dependence of the ban on the use of force on the effective functioning of the collective security system. It deals with the relationship between the rules on this field existing under the Charter and under customary international law. The rest of the chapter is dedicated to three exceptions to the general ban on the use of force that have been the object of controversy: armed reprisals, rescue operations of national abroad, and intervention on humanitarian grounds.
Chapters in this book
- Front matter i
- Dedication v
- Contents vii
- Abbreviations xi
- 1 Introduction 1
- I The collective use of force 5
- 2 The collective security system established by the Charter 7
- 3 The collective security system in practice 31
- 4 The attempted dismantling of the collective security system 64
- II The individual or joint use of force 115
- 5 Self-defence and other forms of unilateral use of force 117
- 6 The international fight against terrorism and the proliferation of weapons of mass destruction 180
- Concluding remarks 236
- Bibliography 241
- Index 264
Chapters in this book
- Front matter i
- Dedication v
- Contents vii
- Abbreviations xi
- 1 Introduction 1
- I The collective use of force 5
- 2 The collective security system established by the Charter 7
- 3 The collective security system in practice 31
- 4 The attempted dismantling of the collective security system 64
- II The individual or joint use of force 115
- 5 Self-defence and other forms of unilateral use of force 117
- 6 The international fight against terrorism and the proliferation of weapons of mass destruction 180
- Concluding remarks 236
- Bibliography 241
- Index 264
