Non-Forcible Measures and the Law of Self-Defence
Bibliographic Data
| ID | 9934725 |
|---|---|
| Authors | Russell Buchan (0000-0002-8901-2168, University of Sheffield, corresponding author) |
| Year | 2023 |
| Volume | 72 |
| Issue | 1 |
| Pages | 1-33 |
| Publication date | 2023-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0020589322000471 |
| OpenAlex | W4311184633 |
| Language | EN |
| Citations received | 1 |
| References cited | 9 |
The right of self-defence is usually presented as an exception to the principle of non-use of force. Conventional wisdom therefore holds that the right of self-defence can only be relied on to justify those measures constituting a threat or use of force. This article rejects that claim. It argues that self-defence is a general right under international law and, as such, can be invoked to justify all measures necessary to repel an armed attack regardless of whether they are forcible or non-forcible in nature. To support this argument, this article examines the genesis of the right of self-defence under customary international law, the text of Article 51 of the United Nations Charter, the structure of the United Nations Charter and State practice on Article 51
Argument (complex analysis · Charter · International law · Law and economics · Political science · Politics · Security council · Self-Defense · Sociology · State (computer science · United Nations Charter · Use of force · Computer Science · Global Peace and Security Dynamics · International Law and Human Rights · Law · Medicine · War, Ethics, and Justification
International Law and the Use of Force by States
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory
The Great Oxymoron
Light Treatment of a Complex Problem
Self-Defence against Non-state Actors
The Caroline and McLeod Cases
Collective Security and Collective Self-Defense Under the Charter of the United Nations
| Citations per year | 1 |
|---|---|
| Citation span | 2025 - 2025 (1) |
| Highly cited | No |