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The drafters’ intent was that collective force approved and organized by the Security Council would substitute for unilateral uses of force by states. [1] However, some states were concerned that use of the veto power by one of the Council's permanent members might prevent that body from taking necessary action, and they insisted upon inserting into the Charter an explicit right of self defense.
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the purpose of defending one's own life (self-defense) or the lives of others, including, in certain circumstances, the use of ...
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security".
The use of force by states is controlled by both customary international law and by treaty law. [1] The UN Charter reads in article 2(4): . All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.
Although not explicitly stated in the UN Charter, the conventional view is that only state actors can commit aggression. [78] Although self-defense is an exception to the prohibition of force, claims of preventive self-defense are largely rejected, while claims of pre-emptive self defense are "more well-founded". [79]
Nothing in the present Charter shall impair the inherent right of collective or individual self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Many scholars believe the Article 51 self-defense is only available to states.
The right of self-defense is permitted, when the conditions of customary international law regarding necessity and proportionality are met. Article 51 of the UN Charter recognizes "the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken ...
International criminal law is best understood as an attempt by the international community to address the most grievous atrocities. It has not been an ideal instrument to make the fine and nuanced distinctions typical of national law, for these shift focus from those large scale atrocities that "shock the conscience", with which it is concerned.