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International law recognizes a right of self-defence according to the Chapter VII, Article 51 of the UN Charter, [3] as the International Court of Justice (ICJ) affirmed in the Nicaragua Case on the use of force Some commentators believe that the effect of Article 51 is only to preserve this right when an armed attack occurs, and that other acts of self-defence are banned by article 2(4). [4]
Charter of the United Nations#Chapter VII – Action with Respect to Threats to the Peace, Breaches of the Peace and Acts of Aggression. Chapter VII of the United Nations Charter sets out the UN Security Council 's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act ...
The United Nations Office at Geneva (Switzerland) is its second biggest centre after the UN headquarters in New York City. The Charter of the United Nations (UN) is the foundational treaty of the United Nations. [1] It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
Putin announced the start of a "special military operation" in the Donbas region, citing Article 51 of the UN Charter (on the right to self-defence), the decision of the Federation Council on the use of Russian troops in Ukraine and agreements with the Donetsk People's Republic (DPR) and Luhansk People's Republic (LPR).
In particular, Article 51 states that nothing in the present charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. [5]
Article 51 of the UN Charter recognizes "the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security."
However, under Article 51 of the UN Charter, the US and its coalition allies reserved the right to self-defense even without a UN mandate. The US cited the 1993 assassination attempt on former US President George H. W. Bush and the firing on coalition aircraft enforcing the 1991 Gulf War ceasefire no-fly zones over Northern and Southern Iraq .
However, in the modern framework of the UN Charter, it is the phrase "if an armed attack occurs" in Article 51 [50] that draws the line between legitimate and illegitimate military force. [39] Some scholars believe it is reasonable to assume that if no armed attack has yet occurred that no automatic justification for preemptive 'self-defense ...