By Tom Ruys
This publication examines to what volume the suitable of self-defence, as laid down in Article fifty one of the constitution of the United international locations, allows States to release army operations opposed to different States. particularly, it makes a speciality of the prevalence of an 'armed assault' - the an important set off for the activation of this correct. In mild of the advancements due to the fact 11th of September, the writer analyses proper actual and verbal everyday perform, starting from the 1974 Definition of Aggression to fresh incidents akin to the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The thought of 'armed assault' is tested from a threefold point of view. What acts might be considered as an 'armed attack'? whilst can an 'armed assault' be thought of to happen? And from whom needs to an 'armed assault' emanate? when it comes to end, the various findings are introduced jointly in a draft 'Definition of Armed Attack'.
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Additional resources for ’Armed Attack’ and Article 51 of the UN Charter: Evolutions in Customary Law and Practice
I (Oxford University Press, 2002), pp. 788–806, at 792, footnotes 24–5; A. -P. Cot and A. ), La Charte des Nations Unies, 3rd edn (Paris: Economica, 2005), pp. 1329–61, at 1336, footnote 4. Ago, ‘Addendum’, 63. 20 Dinstein, War, aggression and self-defence, p. 96. ILC, ‘Reports of the Commission to the General Assembly’, (1966-II) YBILC 247. See Cassese, ‘Article 51’, p. 1336. 24 In principle, the claim that pre-existing custom has remained valid despite the adoption of the UN Charter could theoretically be founded on two different grounds.
Scelle, The´orie juridique de la revision des traits (Paris: Sirey, 1936), p. 11. , S. Sur, L’interpre´tation en droit international public (Paris: Librairie ge´ne´rale de droit et de jurisprudence, 1974), p. 202; M. K. Yasseen, ‘L’interpre´tation des traite´s d’après la Convention de Vienne sur le droit des Traite´s’, (1976-III) 151 RdC 1–114, at 47, 52. the methodological debate and the quest for custom 23 At the outset, it should be emphasized that in practice no sharp division exists between interpretation and modiﬁcation.
See also: G. Scelle, The´orie juridique de la revision des traits (Paris: Sirey, 1936), p. 11. , S. Sur, L’interpre´tation en droit international public (Paris: Librairie ge´ne´rale de droit et de jurisprudence, 1974), p. 202; M. K. Yasseen, ‘L’interpre´tation des traite´s d’après la Convention de Vienne sur le droit des Traite´s’, (1976-III) 151 RdC 1–114, at 47, 52. the methodological debate and the quest for custom 23 At the outset, it should be emphasized that in practice no sharp division exists between interpretation and modiﬁcation.