Abstract

Self-defense is lawful under international law. Meanwhile an absolute prohibition against the inter-state threat of force is contained in Article 2(4) of the UN Charter. Like the prohibition of the use of force, the prohibition of the threat of force is binding on all members Stated. Ban of the threat or use of force has also been reaffirmed, though a soft law format, in international instruments like, the Declaration on the Principles of International Law Concerning Friendly Relations and Cooperation Among States, 1970 and the Declaration on the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force in International Relations, 1987. However, neither of these soft law instruments goes beyond Article 2(4) of the Charter nor in conflict with it rather the same are in aid. The 1970 Declaration emphasizes that every state has the obligation to abstain in its international relations from the threat or use of force against the territorial veracity or political independence of any State, or in any manner in contradiction of the United Nations. It proceeds to establish that such a threat or use of force comprises of breach of international law and the United Nation’s Charter shall never be employed as a source of resolving international issues. Likewise, Declaration, 1987 affirmed that every State has the obligation to abstain in its international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner contradictory with the purposes of the UN. Interestingly noted that neither the declarations nor Article 2(4) of the UN Charter reinforce prohibition give any clear guidance as to when a threat of force is against the law or under what circumstances it would be lawful. Self-defense exercised in response to a prior use of military force is universally established as an exception to the prohibition of the use of force, assuming that such action meets certain criteria. These criteria curtail from both conventional and customary international law and are well known. Admittedly, their accurate scope and application have been-and continue to be extensively debatable.

Keywords: International law, Self defense, UN charter, Pre-emptive right, Rough state