'Armed Attack' and Article 51 of the UN Charter

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'Armed Attack' and Article 51 of the UN Charter

Evolutions in Customary Law and Practice

International relations Public international law Public International law: customary law Public international law: humanitarian law

Author: Tom Ruys

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Collection: Cambridge Studies in International and Comparative Law

Language: English

Published by: Cambridge University Press

Published on: 25th November 2010

Format: LCP-protected ePub

Size: 903 Kb

ISBN: 9780511853210


Introduction

This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an ''armed attack'' - the crucial trigger for the activation of this right.

Context and Developments

In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon.

Analysis of ''Armed Attack''

The notion of ''armed attack'' is examined from a threefold perspective. What acts can be regarded as an ''armed attack''? When can an ''armed attack'' be considered to take place? And from whom must an ''armed attack'' emanate?

Conclusion

By way of conclusion, the different findings are brought together in a draft ''Definition of Armed Attack''.

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