Self-Defense and the Rule of Law

  title={Self-Defense and the Rule of Law},
  author={Oscar Schachter},
  journal={American Journal of International Law},
  pages={259 - 277}
  • O. Schachter
  • Published 1 April 1989
  • Law, Political Science
  • American Journal of International Law
Self-defense on the international level is generally regarded, at least by international lawyers, as a legal right defined and legitimated by international law. Governments, by and large, appear to agree. When they have used force, they have nearly always claimed self-defense as their legal justification. Governments disputing that claim have usually asserted that the legal conditions of self-defense were not met in the particular case. However, despite the apparent agreement that self-defense… 

Anticipatory Self-Defence in the Legislative History of the United Nations Charter

Article 51 of the United Nations Charter states that: Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a

From faith in rules to the rule of law : constitutional responsibilities in international society

This thesis examines the constitutional politics of international law, locating this as part of a wider debate over the nature of responsibility in conditions of uncertainty. Despite a general

Elements of an Act of Aggression: An Overview of Modern International Law and Practice

The Charter of the United Nations is the principal source of contemporary international law for the regulation of the use of force in inter-State relations. It sets out the interrelated competences

The Political Origins of the UN Security Council's Ability to Legitimize the Use of Force

  • E. Voeten
  • Political Science
    International Organization
  • 2005
Since, at least, the Persian Gulf War, states have behaved “as if” it is costly to be unsuccessful in acquiring the legitimacy the UN Security Council confers on uses of force. This observation is

The Use of Force on Humanitarian Grounds: Illegal but Legitimate?

This master’s thesis critically addresses the legality of armed interventions by states, who, for the most part, defend their actions based on authority from the UN in the form of UN Resolutions.

War in the information age: International law, self‐defense, and the problem of ‘non‐armed’ attacks

The end of the Cold War and the unprecedented pace of technological change have resulted in a plethora of non‐traditional threats to US national security. Indeed, the United States now faces some

Iraq's invasion of Kuwait: some legal issues

Iraq's invasion of Kuwait and the international response which it has provoked have raised questions about some of the most fundamental tenets of international law. Since 1945 two principles have

The permissive power of the ban on war

  • Ian Hurd
  • Political Science
    European Journal of International Security
  • 2016
Abstract The ban on inter-state war in the UN Charter is widely identified as central to the modern international order–Michael Byers calls it ‘one of the twentieth century’s greatest achievements’.

Soft law, hard politics, and the Climate Change Treaty

This chapter offers a critical constructivist interpretation of the legislative phase of international politics and international public law manifest in the treaty making process. Drawing in



The Secret War in Central America and the Future of World Order

  • J. Moore
  • Political Science
    American Journal of International Law
  • 1986
The core principle of modern world order is that aggressive attack is prohibited in international relations and that necessary and proportional force may be used in response to such an attack. This

The Cuban Quarantine

  • Q. Wright
  • Political Science
    American Journal of International Law
  • 1963
Many problems of international law have arisen in connection with United States-Cuban relations since the establishment of the Castro regime in 1959, especially in regard to the following incidents:

Aggression or Self-Defense in Lebanon In 1982?

Self-Defense and the Charter, id

    the Israeli action against Egypt in 1967. See Dinstein, The Legal Issues of Para-War and Peace in the Middle East

    • 1970

    For discussion of legal issues, see Schachter, supra note 29

      Statement of U.S. representative to UN Security Council, excerpted in Contemporary Practice of the United States

      • 80 AJIL

      See also Feinstein, The Legality of the Use of Armed Force by Israel in Lebanon

      • ISR. L. REV