The right of self-defense and the new security imperatives

In: International affairs: a Russian journal of world politics, diplomacy and international relations, Band 50, Heft 6, S. 13-21

Abstract

In 2002 the US expanded Article 51 of the UN Charter to include the right of self-defense to prevent hostile attacks. In light of the changing security imperatives, the adequacy of international law on self-defense is examined, citing the 183 Caroline Case and Nicaragua vs. USA. Preemptive self-defense is assumed in customary international law, but the UN Charter excluded it as destabilizing. The line between preemptory and responsive is a matter of interpretation, and action may be so preemptory as to not be self-defense but preventive war. It is argued that alternatives to Article 51 have not yet been devised and that the Article already provides sufficiently flexible guidance for new threats and challenges like Al-Qaeda. Self-defense against non-state actors and new technologies are discussed.