Limits of the Right to Self-Defence of States in Public International Law Cover Image

Granice prawa do samoobrony państw w prawie międzynarodowym publicznym
Limits of the Right to Self-Defence of States in Public International Law

Author(s): Paweł Mielniczek
Subject(s): International Law, Security and defense, Peace and Conflict Studies
Published by: Społeczna Akademia Nauk
Keywords: public international law; international criminal law; right to self-defence; law of the armed conflict; use of force

Summary/Abstract: The right to self-defence in the public international law has two different variants: the right to self-defence of individuals and groups of individuals and the right to self-defence of states. Both of these constructions base on the same core concepts, but this article focuses on the specifics of the right to self-defence of states. First, it clarifies the list of general rules governing this variant of the right to self-defence and indicates their initial meaning. Then, it proceeds to critical analysis of each of these requirements and tries to find answers to the following disputed questions: What constitutes an armed attack? Who can commit it? Is the anticipatory self-defence lawful? What exactly is required by the notions of necessity and proportionality? Who can take part in the collective self-defence?

  • Issue Year: 17/2016
  • Issue No: 5.2
  • Page Range: 97-109
  • Page Count: 13
  • Language: Polish