An Examination of the Right of Self-Defense under Article 51 of the United Nations Charter
Keywords:
Right to self, defense, Article 51 of the United Nations Charter, Use of force, Security Council, International lawAbstract
The right of self-defense constitutes one of the most significant exceptions to the fundamental prohibition on the use of force in contemporary international law and is recognized under Article 51 of the Charter of the United Nations. While reaffirming the general prohibition on the use of force set forth in Article 2(4) of the Charter, this provision permits states, in the event of an “armed attack,” to defend themselves individually or collectively. Nevertheless, the interpretation of key concepts under Article 51, including “armed attack,” “necessity,” “proportionality,” and the temporal limits governing the exercise of the right of self-defense, has consistently remained a matter of dispute among legal scholars and within international judicial practice. Using a descriptive-analytical approach, this article examines the right of self-defense within the framework of Article 51 of the Charter of the United Nations, explains its legal foundations, and evaluates the conditions and limitations governing its exercise in light of international legal doctrine and the judgments of the International Court of Justice. It also examines the different forms of self-defense, including individual and collective self-defense, and analyzes the role of the Security Council in supervising defensive measures undertaken by states. Furthermore, the article addresses the challenges arising from the expansion of the concept of self-defense, particularly in the forms of anticipatory and preventive self-defense. The findings indicate that although Article 51 plays an important role in maintaining a balance between the prohibition on the use of force and the necessity of self-defense, ambiguity surrounding some of its concepts has led states to adopt broad and, at times, politically motivated interpretations. Ultimately, the practical limitations of the Security Council in managing crises have challenged the effectiveness of the collective security system, making the balance between the right of self-defense and the maintenance of international peace and security one of the most complex issues in international law.
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