UN Charter – 1945 (879-81) Article 2 (4) – refrain from threat or use of force against territorial integrity or political independence of any state
2(6) – non-membership in UN won’t help you
Article 24 (2) – council must act in accordance with principles/purposes of UN
Ongoing debate – to what extent is SC bound by provisions of Charter generally
And what about bound by customary international law?
General international law?
Arguments that SC is POLITICAL body.
Chapter VI – article 33 – pacific settlement of disputes
Article 51 – rights of INDIVIDUAL or COLLECTIVE self defense if ARMED ATTACK occurs. Should be immediately reported to SC
Customary international law requirements for self-defense
US (1842) Caroline case -
may be justified only in cases in which the "necessity of that self-defence is instant, overwhelming, and leaving no choice of means, and no moment for deliberation"
basically NECESSARY and PROPORTIONATE
three schools of thought re: NECESSITY
necessary (defined temporally) = only anticipatory self defense