The (mis)use of self-defence in international law

Abstract

The principle of self-defence is a fundamental component of the legal framework aiming to protect states from immediate threats and to preserve international peace and security. However, concerns have arisen in years regarding the misuse or misinterpretation of self- defence, leading to its misuse as a justification for the use of force by states. This research paper aims to critically examine the concern regarding the possible misuse of self-defence in international law. The objective is to explore the various dimensions of this issue, to analyse legal provisions and case law and to propose measures to tackle and mitigate such misuse. This mini-dissertation explores the complex landscape of self-defence in international law, specifically focusing on its potential misuse and the associated enforcement and accountability limitations. It starts by examining the history of self-defence and the principles that constitute the foundation of self-defence, and subsequently, the ambiguities that arise from their interpretation. The mini-dissertation analyses a range of case studies, including the U.S. Drone strikes in Yemen and Pakistan, the U.S. Assassination of Qasem Soleimani and the Saudi Arabia and Yemen conflict; just to name a few. These cases shed light on instances where self- defence principles have possibly been misapplied and on their legal implications. The research reveals challenges in enforcing self-defence actions and ensuring accountability, primarily due to factors such as the veto power within the United Nations Security Council (UNSC) and the absence of an international judicial mechanism for resolving self-defence disputes. It particularly examines debates surrounding interventions inclusion within the United Nations Charter, while advocating for a balanced framework that respects state sovereignty and concurrently protecting human rights and fostering global peace. The mini-dissertation emphasises the need for evolution and advancements in law to effectively adapt to evolving conflicts.