Search the digital library catalog

Abstract: The article delves into the legality of defensive actions taken by the USA and the UK in response to the Houthi attacks in the Red Sea. Despite assertions that such actions are justified under the right to self-defence, legal ambiguities persist in international law. The authors argue that while attacks on merchant vessels by non-state actors may constitute armed aggression, clarity is lacking on whether they meet the criteria for self-defence. The USA and UK stress that attacks on their warships validate their defensive measures, framing them as necessary responses to significant threats. However, the authors contend that the principle of proportionality may have been disregarded, urging restraint in the use of force to safeguard ships while respecting Yemen’s sovereignty. The article underscores the need for a nuanced approach to assessing the legality and necessity of military actions in complex conflict scenarios.
Keywords: defensive measures, Houthi attacks, jus ad bellum, self-defence, article 51 of the UN Charter, proportionality, sovereignty, naval and merchant vessels
Published in DKUM: 13.08.2025; Views: 0; Downloads: 5
Full text (394,54 KB)
This document has many files! More...

Abstract: This master’s thesis systematically and in-depth examines the notion of self-defence, primarily through the ratione personae aspect and thus focuses on the possibility of its use against non-state actors. While the use of self-defence against non-state actors is not a new phenomenon in international law, it is nonetheless taking on new dimensions, particularly in the context of the fight against terrorism. The right to self-defence is one of the exceptions to the jus cogens prohibition of the use of force. It is an ‘inherent’ right, codified in Article 51 of the UN Charter and forming part of customary international law. According to the primary understanding, the right to self-defence had a State-centric approach, which was also continuously affirmed in the jurisprudence of the International Court of Justice. Consequently, a State could only use self-defence against a non-state actor if its actions were imputable to another State in whose territory defensive force was being used. However, especially after the 9/11 attack there have been tendencies to broaden the right to self-defence and allow its use even if the actions by a non-state actor are not attributable to a State under the current attributability standards. Due to the complexity of the right to self-defence it requires careful examination through different aspects and sources of international law. It can be observed that the opinions regarding the expansion of the right to self-defence are very different. Firstly, scholars have widely divergent views regarding the correct interpretation of Article 51 of the UN Charter under the rules of the VCLT. Secondly, in its previous judgements, the International Court of Justice has maintained the State-centric approach, while potentially allowing room for a more expansive approach to self-defence. Thirdly, States have since the 9/11 attack started to regularly invoke the right to self-defence when using extraterritorial force against non-state actors. However, the reactions of States relating to such use of force and the opinions of scholars regarding the implications of such State practice, are equivocal. Taking everything into consideration this master’s thesis concludes that neither Article 51 of the UN Charter nor customary international law allow the use of self-defence against non-state actors, whose actions are not attributable to a State. Although the right to self-defence is undoubtedly expanding, its scope is not yet fully crystallized.
Keywords: the right to self-defence, non-state actors, the prohibition of the use of force, terrorism, Article 51 of the Charter of the United Nations, extraterritorial use of force, jus ad bellum, Nicaragua case, attributability
Published in DKUM: 08.09.2023; Views: 808; Downloads: 203
Full text (1,48 MB)

Keywords: JUS, DIN, standardi, primerjava standardov, preračun tračnega transporterja, sekcijski preračuni po Vierlingu in Spiwakowskem, transportne naprave, Visual Basic
Published in DKUM: 26.07.2007; Views: 2500; Downloads: 0

Keywords: mehanika tal, temeljenje, statika, geostatični izračuni, piloti, pilotne stene, standardi, JUS, EUROCODE
Published in DKUM: 26.07.2007; Views: 3132; Downloads: 0