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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 ...
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]
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.
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 right of conquest was historically a right of ownership to land after immediate possession via force of arms. It was recognized as a principle of international law that gradually deteriorated in significance until its proscription in the aftermath of World War II following the concept of crimes against peace introduced in the Nuremberg Principles.
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. [1] The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions. [2]
In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. [4]